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 subsequent notifications on the case.

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 necessary proceedings. Basis the said complaint, the instant FIR No. 0311/2020 was registered under Sections 188/269 IPC at PS Janak Puri.

3. Learned counsel for the petitioner submits that the petitioner on 03.05.2020, was alone in his self-driven car and was going back from the hospital to his house. Learned counsel submits that the wife of petitioner was admitted in the OBG (Obstetrics and Gynaecology), Department at Human Care Medical Charitable Trust, Manipal Hospitals, Sector-6; Dwarka, New Delhi on 02.05.2020, where through Caesarean operation she delivered a baby girl on 02.05.2020 and was discharged along with the baby on 05.05.2020. Learned counsel submits that the place of petitioner's apprehension i.e. Pankha Road, Uttam Nagar, New Delhi, falls right between Dwarka, where the said hospital is situated and the house of the petitioner in Subash Nagar, New Delhi. Learned counsel submits that the house of the petitioner/accused in Subhash Nagar, is about 8-10 kms from the said hospital. Learned counsel further submits that the registration of the present FIR is bad in law as the essential ingredients of offence under Sections 188 and 269 IPC are not made out from the FIR as well as the final report u/s 173 Cr.P.C. Learned counsel has pointed out that there is no document or investigation to substantiate that the petitioner was suffering from any communicable disease and as such, the petitioner could not have spread the infection of any disease that may be labelled as dangerous to life. Learned counsel submits that thus offence under Section 269 IPC is not made out. Learned counsel submits that moreover, as per the explanation contained under section 188 IPC, it is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Learned counsel submits that at the time the petitioner had no knowledge of the said notification 3532-3631/ACP/R.G Dt. 15/04/2020 which was issued for the period from 15.04.2020 and was ending on the midnight of 03.05.2020. It has been submitted that the present FIR was filed 1 and 1/2 hrs before the said notification was ending and the same as such does not reveal that the petitioner having knowledge of the said notification, wilfully disobeyed the same.

4. Learned counsel further contends that the learned Trial Court has wrongly taken cognizance on the chargesheet and not on the complaint under section 195 Cr.P.C. Learned counsel submits that the same is in contravention of the provisions contained under section 195 Cr.P.C, in as much as it is imperative to first obtain a complaint u/s 195 Cr.P.C for the registration of FIR under the said