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ASHA MENON
Decathlon Sports India Pvt. Ltd. – Appellant
Versus
State Of NCT Of Delhi – Respondent
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
The court emphasized the need for a simpler procedure in dealing with petty offences and criticized the delay in disposing of cases related to violation of orders under the Disaster Management Act, 2....
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
The absence of a written complaint from a public servant invalidates the cognizance of offences under Section 188 IPC, and police investigations into non-cognizable offences require prior magistrate ....
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....
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
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