Indian Penal Code, 1860
Section 188—Disobedience to an order duly promulgated by a public servant—FIR registered against petitioner for not closing the showroom within time limit and violated the Covid-19 notification—Prayer to quash FIR—An offence under Section 188 IPC is in the nature of a petty offence, unless combined with some other serious offences, such as, assault of a public servant, or other heinous crimes—Offence was committed in late December, 2021—Yet, even after seven months, it has found no closure, when it ought not to have taken even seven days for disposal—Fault lies in the procedure adopted—Notice issued under Section 41A of the CrPC to the petitioner demanding appearance at the police station—Noticee stares into the possibility of an arrest on non-compliance, in a case where arrest really is not warranted—Offence has been made cognizable only in order to facilitate the police to take immediate action, including the arrest of a person, who is found disobeying the orders issued for maintenance of law and order and in the interest of public health—That purpose cannot be converted into one that subjects the offender to unnecessary harassment and entails violation of Article 21 of the Constitution, guaranteeing the right to life, of which liberty is an inalienable facet—Prayer to quash FIR declined—SHO concerned is directed to ensure that the complaint is forwarded to the concerned Magistrate’s court immediately—No further action on the previous notice under Section 41A CrPC is called for—Fresh notice directed to be issued under Section 41A CrPC only to inform the petitioner of the date it is required to appear before the Magistrate for disposal of the case. [Criminal Procedure Code, 1973, Section 482; Disaster Management Act, 2005]
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