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GURBIR SINGH
Gurnam Singh Bhullar – Appellant
Versus
State of Punjab – Respondent
GURBIR SINGH, J.
1. Prayer in this petition under Section 482 Cr.P.C. is for quashing of FIR No.88 dated 11.07.2020 (Annexure P1) registered at Police Station Sadar Rajpura, District Patiala, under Section 188 of Indian Penal Code (hereinafter called as ‘Code’), Section 51 of the Disaster Management Act, 2005 and Section 3 of Epidemic Diseases Act, 1897 as well as final report under Section 173 Cr.P.C. (Annexure P2).
2. The case in hand was registered at the instance of ASI Rajinder Singh, Police Post Jansua on the allegations that on 11.07.2020 he along with other police officials was present at the Bus Stand, village Jansua in connection with patrolling duty. At about 05.30 pm, a secret information was imparted that at Prime Mall, Singer Gurnam Bhullar along with his 40 companions without any permission of the Government, without any mask on the face of any person had gathered and was doing the shooting of some film. It was against the law due to prevalence of Covid-19 pandemic. If raid was conducted at Prime Mall, then Singer Gurnam Bhullar along with his companions could be apprehended. Since the information was reliable and trustworthy, so ASI sent a ruqa to the police station f
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.
In view of aforesaid legal analysis, it is quite vivid that respondent/State is absolutely unjustified in registering first information report for offence punishable under Section 3(1) of Act of 1897....
The central legal point established in the judgment is the mandatory compliance with legal provisions, the requirement for evidence to support charges, and the need for proper service through the Emb....
The court emphasized the need for a simpler procedure in dealing with petty offences and criticized the delay in disposing of cases related to violation of orders under the Disaster Management Act, 2....
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
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 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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