Early Times Report
Srinagar, July 10: In a significant order, Court of Judge Small Causes, Srinagar, headed by Yahaya Firdous has dismissed various charge sheets filed against the accused persons for violating order(s) under Section 144 CrPC passed by the District Magistrate, Srinagar to contain the spread of CoVid-19 virus in the disrtict Srinagar.
The charge sheets were filed in 09 FIRs registered by various Police Stations under different Sections of the Indian Penal Code which include Sec. 188 IPC (Disobedience to order duly promulgated by public servant), Sec. 269 IPC (Negligent act likely to spread infection of disease dangerous to life) and Sec. 270 IPC (Malignant act likely to spread infection of disease dangerous to life). In some FIRs either Section 3/181, 207 or 270 of Motor Vehicles Act were also slapped against the accused persons.
After hearing both the sides, Yahaya Firdous, Judge Small Causes Court, Srinagar observed that the court has come to the conclusion that for the offence under Section 188 IPC, the courts are prohibited from taking cognizance of an offence under Section 188 of the Indian Penal Code, except on a complaint in writing of the Magistrate who promulgated the order disobeyed or by some other public servant to whom he is subordinate.
The filing of the complaint by such Magistrate or public servant to whom he is subordinate is a condition precedent to the jurisdiction of the trying Magistrate for taking cognizance of the offence.
The court further observed that for the purpose of investigation Section 188 IPC has been made cognizable, does not remove the bar under Section 195 (1) (a).
It was categorically observed that if the order under Section 144 CrPC was promulgated by the District Magistrate, he has to file the complaint as he is the “public servant” whose order has been violated and that he cannot direct the SDM, Tehsildar or SHO to file the complaint. It was observed that in all these charge sheets the complaints were lodged by the police officers, except in FIR No. 32/2020 of P.S Lal Bazar, where the complainant is Executive Magisrate 1st Class(Tehsildar), who is not superior to District Magistrate, whose order was disobeyed.
As far as offences under Motor Vehicles Act are concerned the, court held that the police report (charge sheet) does not fall within the definition of “complaint” as per Section 2(d) of the CrPC, as such, the police reports (charge sheets) cannot be treated as complaint for taking cognizance under MV Act, when there is no other offence either of IPC or any other law associated with the offences under MV Act, hence the final reports (charge sheets) to the extent of the offences under MV Act are dismissed.
With these observations and directions, Judge Small Causes Court, Srinagar Yahaya Firdous dismissed the charge sheets and acquitted all the accused in all the nine FIR. |
