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RAJNESH OSWAL
Gaurav Sharma – Appellant
Versus
Union Territory of J&K – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Pranav Kohli, Sr. Advocate with Mr. Rahul Sharma and Mr. Deepak Gupta, Advocates
For the Respondent: Mr. Aseem Sawhney, AAG

JUDGMENT

The present petition has been filed for quashing FIR bearing No. 68/2020 dated 23.03.2020 registered with Police Station, Satwari for commission of offence under section 188 IPC.

2. It is stated that the FIR impugned has been registered erroneously pursuant to the information submitted by the Sub Inspector of Police Station, Satwari on the misconceived premise that the warehouse of M/S Instakart Services Pvt. Ltd. was operating in violation of orders of the District Magistrate, Jammu dated 15.03.2020 and 19.03.2020. It is further averred that that a warehouse in question is exclusively used for the purpose of storing goods and merchandise. On 15.03.2020, the District Magistrate issued prohibiting operations of certain establishments and activities to mitigate the transmission of COVID-19 pandemic. Pertinently, the said order did not restrict operation of private transport or unloading of goods in warehouses for safekeeping. Further on 19.03.2020, the District Magistrate, Jammu issued another order that all shops/markets except for groceries, fruits, vegetables, dairy products, medical shops, petrol pumps and other establishments providing for essential commodities in th

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