RAJESH RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein seeks quashment of FIR registered against him in Crime No.138/2020 at Police Station-Pali, Distt.Korba for offences punishable under Sections 186, 188, 269 and 270 of the IPC read with Section 3 of the Epidemic Diseases Act, 1897 (hereinafter called as 'the Act of 1897') on the following factual backdrop:-

(2.) Mr.Awadh Tripathi, learned counsel for the petitioner, would submit that taking the contents of the FIR as it is, no offences under Sections 269 and 270 of the IPC are made out as neither on the date of registration of the FIR nor subsequently thereafter the petitioner has been tested positive for corona virus/COVID-19. Similarly, offences under Sections 186 and 188 of the IPC cannot be taken cognizance of on the basis of FIR lodged by the complainants, who are peons of the Court concerned. It should have been made by public servant concerned or by the officer to whom such public servant is administratively subordinate. He would further submit that there is no provision for delegation of power of filing complaint and even for offence under Section 3 of the Act of 1897, no FIR can be registered under Section 154 of the CrPC. He would also submit that no material is available on record as in that case, complaint has to be filed by the officer promulgating the regulation / order in the jurisdictional criminal Court and as such, the impugned FIR deserves to be quashed being expressly barred by law.

(3.) Dr.Veena Nair, learned Deputy Advocate General for the respondent/State, would submit that on account of the petitioner's irresponsible behaviour in entering in the Court room without wearing a mask violating the Corona guidelines issued by the Central Government and the State Government and interfering with the official and governmental work, offences under Sections 186, 188, 269 and 270 of the IPC read with Section 3 of the Act of 1897 have rightly been registered, which is being investigated by the police. The aforesaid offences being cognizable offences, the jurisdictional police is competent to investigate and as such, the petition under Section 482 of the CrPC deserves to be dismissed.