ORDER :

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 :-

(2.1) That, two complainants namely, (1) Mr. Gajendra Kumar Pandey and (2) Mr. Surendra Dubey filed written complaint to Police Station-Pali stating inter-alia that on 12.6.2020 at 4.20 p.m. when the Judicial Magistrate, Pali was on remand duty, the petitioner without wearing a mask entered in the Court room and spoke in high pitch with the Presiding Officer and that is usual practice by the petitioner herein and that violates the guidelines issued by the Central Government and the State Government for preventing the corona virus/COVID-19 disease though he was warned of his objectionable behaviour, but did not rectify his behaviour and thereby contributing to spread of corona virus, as such, appropriate action be taken against the petitioner and consequently, the said police station has registered the aforesaid offences against the petitioner, which is sought to be quashed in this petition under Section 482 of the CrPC principally on the ground that the petitioner at that very time was not tested as corona positive and taking the contents of the FIR as it is, no offences under Sections 186, 188, 269 and 270 of the IPC and Section 3 of the Act of 1897 are made out and no FIR can be registered for the aforesaid offences, as such, the FIR deserves to be quashed.

(2.2) Return has been filed by the respondent/State stating inter-alia that act of the petitioner while entering in the Court room without wearing a mask violated the imperative guidelines issued by the Central Government as well as the State Government for preventing corona virus/COVID-19 and the police is authorized to investigate the cognizable offences, as such, the petition deserves to be dismissed. No rejoinder has been filed on behalf of the petitioner.

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.

4. I have heard learned counsel for the parties and considered their rival submissions made herein