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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Kulwinder Kaur – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS”), prayer has been made on behalf of the petitioner for quashing of FIR No.48 of 2020, dated 20.04.2020, under Sections 269, 270, 188 of Indian Penal Code and Section 51(A) of Disaster Management Act, registered at Police Station Damtal, District Kangra, H.P., as well as consequent proceedings i.e. Police Challan No.39/2022, titled as State of Himachal Pradesh Vs. Kulwinder Kaur, pending adjudication in the Court of learned Judicial Magistrate First Class, Indora, Tehsil Indora, District Kangra, Himachal Pradesh.
2. Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties are that FIR sought to be quashed in the instant proceedings came to be instituted against the petitioner on the precise allegation that on 24.04.2020, Police received written rukka against the petitioner, alleging therein that in violation of restrictions imposed by the Government on account of Covid-19, she travelled from Punjab to her in-laws at Kandrodi, District Kangra, Himachal Pradesh. After recei
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....
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.
The court affirmed that an FIR disclosing cognizable offences cannot be quashed based on the informant's competence or alleged lack of infectious disease, emphasizing the High Court's limited role in....
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 ....
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
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