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DINESH KUMAR SHARMA
Manan Dudeja – Appellant
Versus
State N. C. T. of Delhi – Respondent
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
The court's decision highlighted the importance of considering the circumstances and intent behind alleged violations, the necessity of a valid complaint under Section 195 Cr.P.C., and the impact of ....
The central legal point established in the judgment is the mandatory compliance with legal provisions, the requirement for evidence to support charges, and the need for proper service through the Emb....
FIR for pandemic restriction violations under IPC Sections 269, 270, 188 quashed due to non-compliance with CrPC Section 195 requiring written public servant complaint, insufficient evidence, no infe....
The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisd....
The main legal point established is that a restriction cannot be imposed retrospectively, and in the absence of evidence of a quarantine directive, the petitioner's actions did not constitute a viola....
The court emphasized the importance of specific government orders in FIRs related to Section 188 IPC and highlighted the limitations imposed by Section 195 CrPC on taking cognizance of such offences.....
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