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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Deepak Prakash – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) for quashing the entire criminal proceeding including the First Information Report being Kanke P.S. Case No.141 of 2021 corresponding to G.R. No.43 of 2022 and also the order taking cognizance dated 05.01.2022 in connection with the said case, in which after submission of the charge-sheet, the learned Judicial Magistrate-XII, Ranchi has taken cognizance of the offences punishable under Sections 188, 269, 270 of the Indian Penal Code, 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 Judicial Magistrate-XII, Ranchi.
3. The brief fact of the case is that on 18.06.2021, the petitioner being the State President of Bhartiya Janta Party and an Hon’ble Member of the Rajya Sabha, was leading an agitation opposing the farmers along with the co-accused Member of Legislative Assembly of Kanke Legislative Assembly Constituency, in presence of 75-80 persons, who took part in the protest
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 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 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....
The court found that without the necessary government notifications under the Karnataka Epidemic Diseases Act, the charges against the petitioner were invalid, constituting an abuse of legal process.
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.
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