ORAL ORDER

1. Considering the facts and circumstances of the case, this matter is taken up for final disposal forthwith.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being FIR No.11197006200454 of 2020 registered with Bhadarva Police Station, Vadodara (Rural) for the offences under Sections 188 of the IPC and under Section 51(b) of the Disaster Management Act, 2005 and all the consequential proceedings arising therefrom.

3. The facts, in a nutshell, of the present case is as under: In this case, applicant No.1 is the director of Lactose (India)

Ltd., while applicant No.2 is the contractor responsible for hiring contract/daily workers for labor. The Central and State Government authorities mandated a nationwide lockdown, enforced by the District Magistrate within Vadodara district limits. Employers were directed to pay full wages to workers during this period. However, the applicants refused to pay wages/remuneration to workers from March 25, 2020, to March 31, 2020. Consequently, the complainant deemed this action in violation of the District Magistrate's notification, prompting the filing of a complaint.

4. Heard learned advocates on both the sides.

5. Learned advocate for the applicants has submitted that the applicants herein have nothing to do with the offence and have been falsely implicated in the present case. A bare perusal of the FIR reveals that all the facts narrated are either false or twisted with intent to mislead the Court and the Investigating Authority. It is submitted that the present complaint is filed without application of mind, claimed to be barred by legal provisions, and characterized as unjust, arbitrary, and an abuse of the legal process. It is argued that a careful reading of the orders issued by the Central Government of India, the Circular from the State Government, and the Notification by the District Collector would demonstrate that the petitioners did not contravene any conditions set forth in these notifications. Specifically, the Circular at Annexure-G clarifies that the Collector's Notification at Annexure-F does not apply to the applicants. Consequently, it is contended that the applicants have not committed any offences under Section 51(b) of the Disaster Management Act or Section 188 of the Indian Penal Code. Regarding the filing of an FIR under Section 188, it is submitted that as per Section 195(1) of the Cr.P.C., such complaints must be filed directly in the Criminal Court and cannot be registered at a police station. Therefore, the FIR pertaining to an offense under Section 188 is argued to be non-maintainable. Additionally, it is alleged that the original complainant's motive was driven by personal vendetta and malice. It is further submitted that the applicants have indeed paid salaries and wages for the relevant period mentioned in the FIR to all staff members, employees, daily and contractual workers associated with the company. However, daily workers who were absent or not part of the manufacturing process on those specific days were not compensated. In light of the significant implications of the orders at Annexure-E and the challenges related to wage payments amidst the financial crisis faced by commercial establishments, reference is made to interim relief orders granted by the Hon'ble Supreme Court in Writ Petition (Civil) Diary No. 11281/2020 and 11193/2020, which are attached as ANNEXURE-I. In view of above, he has requested to allow the present application. Learned advocate for the applicants has relied upon the decision of the Hon’ble Apex Court in case of State of Haryana vs. Bhajan Lal reported in AIR 1992 SC 604.

6. Learned APP has vehemently opposed the application and submitted that there is no bar under Section 195A of the Cr.P.C. and offence under Section 188 of IPC is also there. Learned APP has requested to dismiss the present