The court emphasized the importance of specific government orders in FIRs related to Section 188 IPC and highlighted the limitations imposed by Section 195 CrPC on taking cognizance of such offences. It also clarified the essential elements of the offence under Section 269 IPC, emphasizing the need for evidence of the accused suffering from an infectious and dangerous disease.

DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is to quash FIR No.30 dated 02.05.2020 registered at Police Station Doraha, Police District Khanna, District Ludhiana under Sections 188 & 269 of the IPC and all the subsequent proceedings arising therefrom.

2. FIR was lodged on the complaint of ASI Kulwinder Singh, as per which on 02.05.2020, when he along with other police officials was present at main chowk Doraha in connection with lock-down nakabandi, a Creta car came from the side of railway road, Doraha, which was signaled to be stopped. The driver was accompanied with two girls. The driver was apprised about the imposition of the lock-down to prevent the spread of pandemic Covid-19. However, feeling infuriated, driver sped away the car. He dropped the girls and came back again. On inquiry, he disclosed his name as Arun Sood (petitioner) and was advised to follow the Government instructions, but paying no heed, he again sped away. After completion of investigation, challan was filed.

3. It is contended by learned counsel for the petitioner that he was having valid curfew pass on the alleged date of occurrence. He did not violate any Government order. Besides provisions of Section 195 Cr.P.C. have not been complied, as cognizance cannot be taken on the police report for offence under Section 188 IPC. It is further argued that Section 269 IPC is not remotely made out against the petitioner, there being no allegation that the petitioner was positive with Covid-19 or any other disease so as to spread the same.

4. As per the report submitted by the respondent/State, after completion of investigation, challan has already been submitted before the learned trial Court for consideration of charge.

5. Section 188 of the Indian Penal Code, reads as under:

“188. Disobedience to order duly promulgated by public servant.- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,

shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.”

6. Thus, the necessary ingredients of an offence under Section 188 IPC are: -

(a) there must be an order promulgated by a public servant,

(b) such public servant must be lawfully empowered to promulgate such order,

(c) Such order should direct the accused to abstain from an act or to take certain order with certain property in his possession or under his management,

(d) Accused disobeys the order knowingly,

(e) Such obedience must cause or tend to cause –

(i) obstruction, annoyance or injury or risk of obstruction, annoyance or injury to any person lawfully employed; or

(ii) danger to human life, health or safety; or

(iii) causes or tend to cause riot or affray.

7. However, no Court can take cognizance of an offence under Section 188 IPC except on a written complaint made by the concerned public servant, whose order has been disobeyed. In this regard, Section 195(1)(a) Cr.P.C. is relevant to note, which is as under: -

“195. Prosecution for contempt of lawful authority of publ