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2020 Supreme(Bom) 1321
IN THE HIGH COURT OF BOMBAY AT NAGPUR
V.M. DESHPANDE, AMIT B. BORKAR, JJ.
HLA SHWE & Others - Appellant
Versus
State of Maharashtra through Police Station, Tahsil, Nagpur - Respondent
Criminal Application (APL) No. 453 of 2020
Decided On : 21-09-2020
For the Applicants :J.H. Aloni, Advocate.
For the Respondent: V.A. Thakare, A.P.P.
The judgment emphasizes the importance of evidence and jurisdiction in criminal proceedings, highlighting the mandatory requirements for filing complaints and taking cognizance of offences under the Indian Penal Code.
Headnote:
Section 482 - Quashing of Criminal Proceedings - Code of Criminal Procedure Code, 1973 - Section 14 of the Foreigners Act, Section 3 of the Epidemic Disease Act, 1987 and Section 51 of the Disaster Management Act, 2005 - 188, 269, 270 of the Indian Penal Code - [SUMMARY]
Fact of the Case:
The applicants, nationals of Myanmar, were charged under various sections including Section 14 of the Foreigners Act, Section 3 of the Epidemic Disease Act, 1987, and Section 51 of the Disaster Management Act, 2005 for alleged preaching activities and violation of quarantine orders during their stay in India.
Finding of the Court:
The court found that the prosecution failed to provide evidence of the applicants' engagement in preaching activities or violation of quarantine orders. It also ruled that the police report and subsequent investigation were without jurisdiction, leading to the quashing of the FIR and charge-sheet.
Issues: Alleged preaching activities, violation of quarantine orders, jurisdiction of police report and investigation.
Ratio Decidendi: The court emphasized the need for evidence to support the charges and highlighted the mandatory requirements for filing complaints and taking cognizance of offences under the Indian Penal Code.
Final Decision: The court allowed the application, quashing the FIR and charge-sheet against the applicants.
JUDGMENT :
Amit B. Borkar, J.
1. Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
3. By virtue of this application under Section 482 of Code of Criminal Procedure Code, 1973 (in short "the Code"), the applicants, who have been arraigned for the offences punishable under Section 14 of the Foreigners Act, Section 3 of the Epidemic Disease Act, 1987 and Section 51 of the Disaster Management Act, 2005 seek quashing of the F.I.R. bearing C.R. No. 178/2020 and charge-sheet bearing registration No. 6076/2020 before the Judicial Magistrate, First Class, Nagpur.
4. The case of the applicants in nutshell is as under:-
(a) The applicants are nationals of Myanmar, who had obtained Tourist Visa on arrival from Netaji Subhash Chandra Bose International Airport, Kolkatta to visit India and to attend religious seminars in India. They landed in India on 02.03.2020. On 02.03.2020 itself the applicants took a flight to Delhi and stayed in Delhi till 05.03.2020. On 06.03.2020, the applicants started their journey by Kerala Express and reached Nagpur on the same day at 11 p.m. On 08.03.2020, online C Form was prepared under the Foreigner Regional Registration Office and its hard copy was submitted on 09.03.2020 to Muslim Cell, Special Branch, Police Control Room, Nagpur, FRRO and State Intelligence Department, Nagpur. On 11.03.2020 the entire schedule of the activities of the applicants was given to Police Station, Gittikhadan. They stayed under the jurisdiction of Police Station, Gittikhadan till 21.03.2020.
(b) The Government of India called for Janta Curfew on 22.03.2020. At 06.30 am on 22.03.2020 the applicants were shifted to Markaz Center at Mominpura, Nagpur within the jurisdiction of Police Station, Tahsil and the information to that effect was provided to the Police Station but, the acknowledgement was not obtained due to Janta Curfew. Police Station, Tahsil informed the applicants that they should remain in isolation at Markaz Center at Mominpura and the ladies were kept in a private residence at Bhankhed. During their stay from 24.03.2020 till 31.03.2020, Dr Kkhawaja, NMC Zonal Officer, Mominpura along with his team and Police has visited the applicants. On 03.04.2020, at about 03.30 p.m. all the applicants were sent to institutional quarantine at M.L.A. Hostel, Civil Lines, Nagpur and all the applicants have undergone a test for Covid-19, which was negative.
(c) On 05.04.2020, the applicants were informed that the F.I.R. has been registered against them under the provisions of the Foreigners Act, the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005.
(d) The applicants were formally arrested during the institutional quarantine period. The non-applicant/State thereafter carried out an investigation and filed charge-sheet under Sections 188, 269, 270 of the Indian Penal Code and Section 14 of the Foreigners Act, Section 3 of the Epidemic Disease Act, 1987 and Section 51 of the Disaster Management Act, 2005. The applications, therefore, have filed the present application.
5. This Court on 09.09.2020 issued notice to the nonapplicant/ State granting two weeks to the non-applicant/State as prayed. The non-applicant/State on 18.09.2020 filed the reply sworn by Shri Ramdas R. Patil, API, Police Station, Tahsil, Nagpur. The non-applicant/State in their reply have not disputed the dates of arrival of the applicants in India and at Nagpur. The non-applicant/State has stated in its reply that after arriving in India on Tourist Visa for sightseeing, the applicants started preaching activities and participated in religious activities thereby violating Section 14 of the Foreigners Act and in particular condition nos. 1.25 and 19.8 of the Visa Manual. The non-applicant/State relied upon the statements of the witnesses of Mohd. Mazar, Mohd. Yasin, Faiyaz Khan Mehmood Khan and 15 others, wh
