IMPORTANT POINT
Cognizance of offences under the Disaster Management Act and IPC requires specific complaints and allegations that meet essential legal criteria; failure to comply renders the prosecution invalid.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with Bistupur P.S. Case No.87 of 2020 corresponding to G.R. No.659 of 2021 registered for the offences punishable under Sections 188, 269, 270 of the Indian Penal Code and Section 54 of the Disaster Management Act, 2005 and Section 3 of Epidemic Diseases Act, 1897 in which consequent upon submission of charge-sheet, cognizance has been taken inter alia against the petitioner for having committed the offences punishable under Sections 188, 269, 270 of the Indian Penal Code and Section 51 of the Disaster Management Act, 2005 and Section 3 of Epidemic Diseases Act, 1897 and the said case is now pending before the learned Chief Judicial Magistrate, Jamshedpur.

3. The brief facts of the case is that on 25.04.2020, the informant and others got information that in violation of the restrictions imposed during the COVID-19 pandemic, the petitioner opened his hotel and spa and some persons were partying in the said hotel. After investigation, police submitted charge-sheet and cognizance has been taken as already indicate above.

4. Learned counsel for the petitioner relies upon the judgment of this Court in the case of Ajay Sakuja vs. The State of Jharkhand passed in Cr.M.P. No.2541 of 2021 dated 13.05.2024 paragraphs-10 and 11 of which read as under:-

“10. So far as the offence punishable under Section 51(b) of the Disaster Management Act, 2005 is concerned, in view of Section 60 of the said Act, certainly the court ought not have taken cognizance except on a complaint made by the authority/officer concerned, who has been authorized under Section 60 of the said Act, as already indicated above in the foregoing paragraphs of the Judgment, to make such complaint. Otherwise also, in the absence of any allegation that the petitioner refused to comply with any direction given by or on behalf of the Government or Executive Committee or Disaster Authority under the Act, even if the allegations made against the petitioner are considered to be true in their entirety, still the offence punishable under Section 51(b) of the Disaster Management Act, 2005 is not made out.

11. So far as the offence punishable under Section 3 of the Epidemic Diseases Act, 1897 is concerned, as rightly submitted by the learned counsel for the petitioner that there is no allegation against the petitioner to constitute any of the offences for which penalty has been provided for in Section 3 of the Epidemic Diseases Act, 1897; as there is no allegation against the petitioner of disobeying any regulation or order made under the Epidemic Diseases Act, 1897 nor there is any allegation of any violation having committed against a Health Care Service Personnel or damage or loss to any property having been caused. Under such circumstances, this Court is of the considered view that even if the entire allegation made in the F.I.R, the materials collected during the investigation as mentioned in the case diary and the charge sheet are considered to be true in their entirety, still the offence punishable under Section 3 of the Epidemic Diseases Act, 1897 is not made out.”

and submits that in view of Section 60 of the Disaster Management Act, 2005, the Court ought not have taken cognizance of the offence punishable under Section 51 (b) of the said Act except on a complaint made by the authority/officer concerned, who has been authorized under Section 60 of the said Act.

5. Learned counsel for the petitioner further submits that there is no allegation against the petitioner that the petitioner refused to comply with any direction given by or on behalf of the Government or Executive Committee or Disaster Authority under the Act. Hence, no offence punishable under Section 51 (b) of the Disaster Management Act, 2005 is made ou