JUDGMENT

Index to the Judgment

Factual Background

Submissions On Behalf Of Parties

Embargo Of Section 195 Cr.P.C. Viz. Offence Under Section 186/188 IPC

i. Law Of Section 195 Cr.P.C.

ii. Judicial Precedents

iii. Registration Of FIR And Investigation By Police Not Barred Under Section 195 Cr.P.C.

Whether Cognizance Taken In The Present Case Is Hit By The Embargo Of Section 195 Cr.P.C.

Conclusion & Directions to District Magistrates etc.

Swarana Kanta Sharma, J. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner seeks setting aside of impugned order dated 22.02.2023 passed by learned Principal District and Sessions Judge, South-West, Dwarka Courts, New Delhi in CR No. 126/2022, as well as impugned order dated 08.02.2021 passed by learned Metropolitan Magistrate-10, Dwarka Courts, New Delhi in Cr. Case 7950/2020, and for quashing of chargesheet no. 01/2020 dated 15.09.2020 in FIR bearing no. 113/2020 dated 24.03.2020 registered at Police Station Kapashera for offences punishable under Sections 186/188/506 of Indian Penal Code, 1860 (`IPC') and subsequent proceedings.

FACTUAL BACKGROUND

2. Background facts of the present case are that the instant FIR was registered on the basis of complaint filed by Executive Magistrate, Kapashera, who had stated that in view of outbreak of COVID-19 pandemic, the Government of NCT of Delhi had issued lockdown notifications and curfew orders, and prohibitory orders under section 144 Cr.P.C. had also been issued by the Commissioner of Police and the teams of each district, headed by concerned District Magistrates, had been constituted to enforce the same. It was stated that a complaint watermarkhad been forwarded to the office of Hon'ble Prime Minister as well as Chief Minister of Delhi alleging that an amusement park i.e. `Fun and Food Water Park' was open in-spite of lockdown orders issued by the authorities. Accordingly, the District Magistrate (South-West)/Chariman, DDMA (South-West) had directed the teams of Kapashera Sub-Division to get the water park inspected immediately and as per the directions, an inspection team had been constituted. When the inspection team had arrived at the site, the staff at the water park had refused to open the main gate for inspection, leading to the involvement of the police. Upon entering the premises with the help of police, the inspection team had found raw/mixed construction material and fresh cement mixture near the pool, which indicated ongoing repair work. Subsequently, the owner of Water Park i.e. the present petitioner had arrived and had engaged in misconduct towards the inspection team, including destroying of report and issuing threats. The inspection team had contacted the concerned SDM, SHO, as well as the Executive Magistrate, Kapashera, who after arriving at the site, had sealed the premises. Thereafter, the present FIR was registered under Sections 186/188/506 of IPC due to obstruction faced by public servants and violation of the lockdown orders.

3. After conducting investigation and obtaining complaint under Section 195 Cr.P.C., the chargesheet was submitted before the learned MM on 28.10.2020. The cognizance of the same was taken by the learned MM vide order dated 08.02.2021, which was challenged before the learned Sessions Court by way of a revision petition, which was disposed of vide order dated 22.02.2023. The learned Sessions Court had allowed the revision petition to the extent that no case under Section 506 IPC was made out against the accused, however, no infirmity was found in the order taking cognizance of offences under Sections 186/188 of IPC.

4. Aggrieved by the aforesaid, the present petition has been filed seeking setting aside of the orders passed by both the Courts below as well as the quashing of FIR and all subsequent criminal proceedings.

SUBMISSIONS ON BEHALF OF PARTIES

5. Learned counsel for the petitioner states that the cognizance taken by the learned MM is bad