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DINESH KUMAR SHARMA
Priya Narang – Appellant
Versus
State of Delhi (Govt. of Nct) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 Cr. P.C. seeking following prayers:
"A. Pass an appropriate order/direction quashing:
"(i) FIR No. 128/2020, dated 09.04.2020, registered against the Petitioner at Police Station Amar Colony, Delhi;
(ii) Complaint dated 18.09.2020 under Section 195 Code of Criminal Procedure, 1973 by ACP, Kalkaji, New Delhi in the Court of Metropolitan Magistrate, Saket Court, New Delhi;
(iii) Final Form report submitted under section 173 Cr.P.C. under Sections 188, 269 & 270 of Indian Penal Code, 1890, Section 3 of the Epidemic Diseases Act, 1897 and Section 51 of the Disaster Management Act, 2005;
(iv) Order dated 26.03.2021 issuing summons passed by the Ld. Metropolitan Magistrate, Saket Court, New Delhi in Cr CASE/0004440/2020 and all other related/consequential proceedings emanating therefrom"
2. The present FIR has been lodged against the petitioner for violating quarantine norms issued in the wake of Covid-19 pandemic. As per the FIR it has been alleged that the petitioner was directed to remain in 14 days home isolation w.e.f. 17.03.2020 to 30.03.2020 in terms of the prohibitory order No. 608-647/AC
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 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 ....
Point of Law : It is well settled that a restriction cannot be imposed retrospectively.
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....
There is absolute bar against Court for taking cognizance of offence under Section 188 of Indian Penal Code, except in manner provided by Section 195 of Cr.P.C.
Restrictions related to quarantine cannot be imposed retrospectively, as established by the court; guidelines inapplicable to individuals returning before the effective date.
Disobedience to order duly promulgated by public servant - When investigation is still at initial stage, courts should not hasten to interdict investigation.
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