JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the First Information Report in Crime No.697 of 2021 dated 22.12.2021 on the file of the Respondent No.1 and quash the same as illegal as against the petitioners.)

1. “Not taking any decision is itself a decision”, so said Shri.PV.Narasimha Rao, the ninth Prime Minister of India. In law also, “act' would include “omission to act” as well. An omission is sometimes called a negative act. The Hon'ble Supreme Court cautioned in P.B.Desai v. State of Maharastra (2013) 15 SCC 481 that this seems a dangerous practice for it too easily permits an omission to be substituted for an act without requiring the special requirement for omission liability such as legal duty and physical capacity to perform the act. Section 32 of the IPC states that words referring to acts done extend also to illegal omissions. The adjective “illegal” is highly significant and it is this that has been emphasized in P.B.Desai.

2. The petitioners herein figure as A3 and A4 in Crime No.697 of 2021 registered on the file of the first respondent. They have filed this criminal original petiti