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W. DIENGDOH
Deepul Sangma – Appellant
Versus
Superintendent of Police – Respondent
JUDGMENT
1. Heard Mr. K.C. Gautam, learned counsel for the petitioner who has submitted that an FIR dated 16.09.2020 was lodged before the Officer-In- Charge, Kharkutta Police Station, North Garo Hills by the Sr. Medical & Health Officer, Kharkutta PHC who is arrayed as the respondent No. 3 herein.
2. Mr. Gautam has also submitted that the contents of the said FIR is such that the petitioner herein was accused of violation of COVID-19 protocol and has particularly met the Block Programme Manager (BPM), Shri B.D. Sangma and had told him that the doctor in charge of Kharkutta PHC is operating against the guidelines of COVID-19 protocol which is a harassment to the general public for which very soon the doctor will be beaten by the public. The petitioner was also accused of instigating general public and bringing passengers from Shillong while telling them that they are no longer required to be quarantined. For the act of spreading unverified and false information and for endangering the life and safety of the said informant and the general public, the police was requested to investigate into the matter.
3. On the basis of the said FIR, the police have registered a case being being Khark
The court's inherent power under section 482 CrPC requires cautious examination and should not be exercised to scuttle proceedings or short circuit the trial based on allegations in the FIR.
The court's decision highlighted the importance of considering the circumstances and intent behind alleged violations, the necessity of a valid complaint under Section 195 Cr.P.C., and the impact of ....
The court affirmed that an FIR disclosing cognizable offences cannot be quashed based on the informant's competence or alleged lack of infectious disease, emphasizing the High Court's limited role in....
FIR for pandemic restriction violations under IPC Sections 269, 270, 188 quashed due to non-compliance with CrPC Section 195 requiring written public servant complaint, insufficient evidence, no infe....
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....
An FIR cannot be sustained when its allegations, even if taken at face value, do not disclose the necessary ingredients for the charged offenses, and investigation lacks evidence of a prima facie cas....
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