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2023 Supreme(Del) 2557

DINESH KUMAR SHARMA
Manan Dudeja – Appellant
Versus
State N. C. T. of Delhi – Respondent


Advocates appeared:
Mr. Jugal Wadhwa, Mr. Rishabh Wadhwa and Mr. Raghav Goyal, Advocates, Advocates, for the Petitioners.
Mr. Hemant Mehla, APP for the State with SI Kavish, PS Janakpuri.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of case FIR No. 0311/2020 registered under Sections 188/269 IPC at PS Janak Puri, Delhi. Chargesheet dated 03.05.2020 has been filed under sections 188/269 IPC.

2. As per the allegations levelled in the FIR and chargesheet, on 03.05.2020 during the covid-19 pandemic at around 10:30 PM, the petitioner was found travelling in his car, while coming from the side of Pankha Road towards Najafgarh Road, without any mask or medical precautions. It has been alleged that when the petitioner was stopped by the police and asked the reason of his being out on the street, he had no justified answer and said that for the last many days, while sitting at home, he was getting bored, so he had come out of the house to roam around. It has also been alleged in the FIR and charge sheet that the petitioner has violated the lockdown rules imposed by the government vide notification No. 3532-3631/ACP/R.G Dt. 15/04/2020, in order to curb the spread of COVID-19 and has committed offences u/s 188/269 IPC. It is submitted that a notice u/s 41A of Cr.P.C was given, and petitioner was bound and relieved after necessar

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