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ANIL KUMAR CHOUDHARY
Rajeev Singh Dugal @ Rajeev Duggal, son of Purushottam Singh Dugal – Appellant
Versus
State of Jharkhand – Respondent
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
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.
Cognizance of offences under the Disaster Management Act and Epidemic Diseases Act requires specific allegations and compliance with procedural requirements, which were absent in this case.
Cognizance under Section 188 IPC requires a written complaint by a competent public servant; absence of this renders proceedings void. Knowledge or belief of infection is essential for culpability un....
Cognizance under Section 188 IPC requires a written complaint from a competent authority, and knowledge of infection is essential for Sections 269 and 270 IPC; lack of these elements renders proceedi....
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 mandatory nature of Section 195 Cr.P.C. and the requirement of a complaint in writing by the public servant concerned for initiating proceedings under Section 188 of the Indian Penal Code.
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