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2021 Supreme(Del) 619

MUKTA GUPTA
Sarmad Ahmed – Appellant
Versus
State of NCT of Delhi – Respondent


Advocate Appeared:
For the Petitioner:Mr. M.R. Shamshad, Mr.Arijit Sarkar and Ms. Nabeela Jamal, Advocates.
For the Respondent: Mr. G.M. Farooqui, APP with SI Vijay, PS Madhu Vihar.

JUDGMENT :

1. By this petition, petitioner seeks quashing of charge-sheet dated 2nd April, 2021 filed by the respondent/State in FIR No.102/2020 dated 7thApril, 2020 registered at PS Madhu Vihar, District East, New Delhi for offences punishable under Section 188 IPC and Section 3 of the Epidemic Disease Act, 1897.

2. Grievance of the petitioner in the present petition is to the invocation of the quarantine order retrospectively and on the basis of an alleged violation based on the phone call detail of the petitioner, the above noted FIR stood registered and a charge-sheet filed.

3. Briefly the facts resulting in registration of the FIR No.102/2020 are that the petitioner left India for France on 19thOctober, 2019 and returned back to India on 5th February, 2020. When the petitioner returned back to India no orders directing mandatory institutional/home quarantine were in force. On 30th January, 2020, WHO declared Covid-19 as a public health emergency. Much after the petitioner came back to India from France on 5th February, 2020, the Government of India on 12th March, 2020 issued guidelines in the wake of Covid-19 situation thereby asking people to follow mandatory quarantine norm of

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