Excelsior Correspondent
SRINAGAR, July 10: Judge Small Causes Court 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 in Srinagar.
The charge sheets were filed in 09 FIRs registered by various Police Stations under different Sections of the Indian Penal Code which include Section. 188 IPC (Disobedience to order duly promulgated by public servant), Section. 269 IPC (Negligent act likely to spread infection of disease dangerous to life) and Section 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.
During the course of arguments, Advocate M Abdullah Pandith representing the accused persons in FIR No. 32/2020 of Police Station Lal Bazar registered under Sections 188/269 IPC vehemently argued that court cannot take cognizance for the offence under Section 188 IPC for the reason that there is no proper complaint by the competent person as required under Section 195 CrPC.
He further contended that there is not even a single iota of evidence on record on the basis of which court can proceed against the accused and take cognizance of the offences under Section 188 and 270 IPC. “Once the offences under Sections 188/269/270 IPC are struck down, the offences under Motor Vehicles Act would automatically become void”, he said and prayed for the dismissal of the charge sheets.
The other Advocates representing the accused persons in other FIRs also adopted the arguments advanced by Advocate Pandith.
After considering the submissions of both the sides, Yahaya Firdous, Judge Small Causes Court observed, “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”, adding “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”.
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 PS 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 cannot be treated as complaint for taking cognizance under MV Act.
With these observations, Judge Small Causes Court dismissed the charge sheets and acquitted all the accused in all the nine FIRs.
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