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2022 Supreme(Del) 1195

ASHA MENON
Decathlon Sports India Pvt. Ltd. – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates appeared:
Mr. Suhail Sehgal, Mr. Rahul Gaur & Mr. Chandan Kashap, Advocate, for the Petitioner; Mr. Karan Dhalla, Advocate. for Mr. Avi Singh, AS, for the State

JUDGMENT

1. This petition has been filed under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr. P. C.') for quashing of FIR No. 510/2021, registered under Section 188 of the Indian Penal Code, 1860 (for short, 'IPC'), at Police Station Preet Vihar, New Delhi.

2. The FIR records that on 30th December, 2021 at about 20:50 hrs., during patrolling, the beat patrol party of Head Constable Om Singh and Constable Omveer, found the shop/showroom, namely, 'Decathlon Sports India Pvt. Ltd.' being run on the Ground Floor of F-21, Preet Vihar open with 8-10 people standing near the reception. Since the person in-charge ignored the instructions of the Head Constable that the closing time for shops in Delhi was 8 PM in view of the Covid-19 notification, the petitioner who failed to close the showroom was proceeded against, for having violated the said Covid-19 notification and a case under Section 188 IPC was made out against it.

3. Mr. Suhail Sehgal, learned counsel for the petitioner, submits that no FIR could have been registered against the petitioner without the written complaint of the Competent Authority, i.e., the A

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