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Covid 19 – Police complaint, investigation and charge-sheet.

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On 30.5.2021, FIR was filed that some people are to take out a candle march and block the road regarding arrest of accused.  It was found that accused persons with 50-60 unknown persons were violating Covid-19 guidelines promulgated by the District Magistrate, without following social distancing and permission

FIR was registered on the police complaint for offences under Sections 143, 147, 281, 283, 188, 269 of under Section 188 of the IPC and Section 51(b) of the Disaster Management Act, 2015.

 Section 195(1) of the Cr PC provides that no court shall take cognizance of any offence under Sections 172 to 188 except upon a complaint in writing of the public servant.   Section 188 of IPC speaks about disobedience to order duly promulgated by public servant.  Moreover, section 188 of IPC is non-cognizance and it can be investigated only with the permission of the Magistrate.

However, the Magistrate took cognizance and summoned the accused in violation of the mandatory provisions of sections 195(1) Cr PC and 188 of IPC.

HELD that Registration of the FIR on the police complaint and subsequent charge-sheet by the police, without written complaint of the concerned public servant as required by section 195(1)(a)(i) of CR PC raises substantial irregularities, based on invalid investigation report, and goes to the jurisdiction and authority.  Therefore, the cognizance and summoning order are without jurisdiction.

Judgment dated 14.6.2024 of the Allahabad High Court  in Application U/S 482 No.2784 of 2024 of Ashish Kumar Tiwari and 27 others  Vs. State of U.P. Thru A.C. S/Prin.Secy Deptt.Home

 

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