This petition has been filed by the petitioners under Section

482 of the Cr.P.C., for quashing the FIR and the subsequent

charge-sheet at Crime No.356/2021, registered at Police Station

Signed by: BAHAR CHAWLA

Signing time: 30-10-2023

18:25:54

Signature Not Verified

2

Rajendra Nagar, Indore under Sections 188 and 420 of the Indian

Penal Code, 1860 read with Section 3 of Epidemic Diseases Act,

1897 (hereinafter referred to as the ‘1897 Act’) and Section 24 of

M.P. Rajya Ayurvigyan Adhiniyam, 1987.

2]

In brief, the facts of the case are that the FIR in the present

case was lodged on 17.04.2021, against one Nilesh Chauhan by the

complainant Inspector Amrita Solanki on the ground that she has

come to know that certain persons are black marketing the

Remdesivir injections by creating a fake need, and pursuant thereto

one person is about to come to sell the Remdesivir injection for

Rs.22,000/- at Choithram Square, and when she got to Choithram

Square, she apprehended Nilesh Chauhan, who was found in

possession of one Remdesiver injection. According to Nilesh

Chauhan, he was selling the fake Remdesiver injection by filling

them with distilled water. During the course of investigation, one

Kavita Chauhan was also arrested, and she, in her memo prepared

under Section 27 of the Evidence Act, has stated that she is

working as a nurse, and had purchased three Remdesiver injections,

out of which, she had given one injection to Nilesh Chauhan to sell

it to some needy person on higher price, and another injection she

had given to Bhupendra and his brother Shubham, the present

petitioners, and thereafter, the present petitioners were also arrested

and from their possession, one Remdesiver injection was recovered.

3]

Counsel for the petitioners has submitted that the injection

recovered at the instance of the present petitioners is the injection

which they had purchased for the treatment of their parents and the

Signed by: BAHAR CHAWLA

Signing time: 30-10-2023

18:25:54

Signature Not Verified

3

wife of petitioner No.1, through a medical store, the invoice of

which is also placed on record. It is submitted that the same

injection has been seized from the petitioners, and they have been

falsely implicated in the case. Counsel has also submitted that even

assuming the story of the prosecution to be true, no case under

Sections 188 or 420 of IPC is made out as it is nobody’s case that

the petitioners had duped anybody or that they parted with the same

for any consideration. Counsel has also submitted that there is no

disobedience on the part of the petitioners in respect of any order

passed by the Collector. Thus, Section 188 of IPC is also not

attracted and similarly, Section 3 of the Epidemic Diseases Act,

which is similar to Section 188 of IPC, is not made out. So far as

Section 24 of M.P. Rajya Ayurvigyan Adhiniyam, 1987 is

concerned, it provides for penalty for practicing as registered

medical practitioner, not applicable to the petitioners. Thus, it is

submitted that none of the ingredients of the aforesaid offences are

present in the charge-sheet, and the further continuation of the case

against the petitioners will only be a misuse of the process of

Court. Thus, it is submitted that the FIR be quashed.

4]

Counsel for the respondent/State, on the other hand, has

opposed the prayer and it is submitted that the documents relied

upon by the petitioners filed along with this petition, which do not

find place in the charge-sheet, cannot be relied upon. It is also

submitted that recovery of one Remdesiver injection from the

petitioners is sufficient to dislodge their claim.

5]

Heard counsel for the parties and perused the record.

Signed by: BAHAR CHAWLA

Signing time: 30-10-2023

18:25:54

Signature Not Verified

4

6]

Before this Court proceeds to dwell upon the facts of the

case, it would be worth to refer to the provisions under which the

petitioners have been charged.

1.

Section 188 of IPC:-

“188. Disobedience to order duly promulgated by public

servant.—Wh