Point of Law: In view of aforesaid legal analysis, it is quite vivid that respondent/State is absolutely unjustified in registering first information report for offence punishable under Section 3(1) of Act of 1897 - As such, registration of FIR against petitioner for offence under Section 3 of Act of 1897 punishable under Section 188 of IPC deserves to be quashed.

ORDER :

1. The petitioner herein seeks quashment of FIR registered in Crime No.182/2020 at Police Station Koni, Distt.Bilaspur offence punishable under Section 3 of the Epidemic Diseases Act, 1897 (hereinafter called as 'the Act of 1897') punishable under Section 188 of the IPC on the following factual backdrop:

(2.1) That, on 17.8.2020 the petitioner was on his way to Bhopal for second part of the selection process conducted by Indian Army Services, in the meanwhile, he was reported corona positive and thereby he returned from Durg to Bilaspur and he was admitted to Isolation Center at Chitrakot Hostel of Pandit Sunderlal Sharma University, Bilaspur (hereinafter called as “Isolation Center”) on 18.8.2020. It is the case of the petitioner that though he was completely asymptomatic, he was admitted to the Isolation Center which was in the poorest condition with no bedsheets on beds, dirty toilets, unhygienic food and environment, no nets on the windows to prevent insects and mosquitoes and even without power backup and despite having been requested to the authorities to discharge him or to get it admitted in the better isolation center, the authorities did not give any attention and ultimately, he was shifted to separate room on 19.8.2020. It is further case of the petitioner that he was mistreated by the staff of the hospital and denied food & medication timely and in a state of helplessness, the petitioner hit his hand on partition glass of Isolation Center and injured himself and consequently, respondent No.3 herein, who is incharge of COVID Isolation Center, lodged FIR for offence under Section 3 of the Act of 1897 which is punishable under Section 188 of the IPC stating interalia that he has misbeheaved with hospital authorities and broken partition glass and got himself injured and he has been referred to District Hospital, Bilaspur for further treatment, as such, he has committed an offence punishable under Section 3 of the Act of 1897, upon which, first information report has been registered, which has been sought to be challenged by way of this petition under Section 482 of the CrPC.

2. Respondents No.1 and 2 have filed the return stating interalia that the petitioner was treated properly and accepting his request, he was given separate room on 20.8.2020 and at the time of breakfast/medicine distribution, he has broken partition glass of the said COVID-19 Isolation Center and caused damage to the Government property worth Rs. 2000/-. It has also been submitted that Section 195(1)(a)(i) of the CrPC bars taking cognizance for the offence, but does not bar the investigation of the cognizable offence, which the police authorities are empowered to investigate, as such, the petition under Section 482 of the CrPC deserves to be dismissed.

3. No return has been filed on behalf of respondent No.3.

4. Mr.Harshmander Rastogi, learned counsel for the petitioner, would submit that since the offence punishable under Section 3 of the Act of 1897 is deemed offence under Section 188 of the IPC, the procedural requirement for initiation of such offence under Section 195(1)(a)(i) of the CrPC has not been complied with in the instant case and for offence under Section 188 of the IPC, complaint in writing has to be filed by public servant concerned or by some other public servant to whom he is administratively subordinate, as such, respondent No.3 was even not competent to lodge the complaint. He would rely upon the judgment of the Supreme Court in the matter of State of U.P. v. Mata Bhikh and others, (1994) 4 SCC 95 and the judgment of this Court in the matter of Dr.Apurva Ghiya v. State of Chhattisgarh and others, AIR OnLine 2020 Chh 1192 and submit that in the light of subpara (6) of para 102 of judgment of the Supreme Court in the matter of State of Harayana and others v. Bhajan Lal and others, 1992 Supp (1) SCC 335, FIR No.182/2020 registered at Police Station Koni, Distt. Bilaspur for offence under Section 3 of the Act of 1897 punishable