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AJOY KUMAR MUKHERJEE
Jagadish Chandra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. Being aggrieved and dissatisfied with the initiation and/or continuation of the proceeding being G.R. case No. 672 of 2021, pending before the court of Learned Additional Chief Judicial Magistrate, Raghunathpur, District Purulia, present application has been preferred under section 482 of the code of Criminal procedure praying for quashing the same. One Asha Mondal Roy on 23.09.2021 filed a written complain alleging that in the evening of that date she went to market for shopping, where she found the present petitioners claimed themselves as Dhannantari (expert doctor) were dissuading and leading common people at Santuri market, stating that many people died due to administering vaccine used to combat Corona virus Disease of 2019 (in short COVID). They also requested people in that area not to take COVID vaccine because the COVID patients can only recover by the treatment prescribed by them. It has been further alleged in the complain that hearing this, people of that locality got frightened about COVID vaccination. They (Petitioners herein) also distributed some leaflets in order to misguide the people and their only object was to earn by illeg
Point of Law : Right of inquiry by police is conditioned by the existence of reason to suspect the commission of a cognizable offence and they cannot, reasonably, have reason to suspect unless the F.....
Cognizance of offences under the Disaster Management Act and Epidemic Diseases Act requires specific allegations and compliance with procedural requirements, which were absent in this case.
The central legal point established in the judgment is the mandatory compliance with legal provisions, the requirement for evidence to support charges, and the need for proper service through the Emb....
Cognizance under Section 188 IPC requires a written complaint by a competent public servant; absence of this renders proceedings void. Knowledge or belief of infection is essential for culpability un....
Cognizance under Section 188 IPC requires a written complaint from a competent authority, and knowledge of infection is essential for Sections 269 and 270 IPC; lack of these elements renders proceedi....
The court ruled that proceedings against the accused were unsustainable due to lack of essential legal elements and failure to comply with mandatory complaint procedures as per law.
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