Read the Judgement:
The petitioner had filed a petition for quashing the FIR filed by the Assistant Commissioner of Police, who found the shop/showroom, namely, “Decathlon Sports India Pvt. Ltd.” open with 8-10 people standing near the reception. Since the person in-charge ignored the instructions given by Head Constable that the closing time for shop/showroom in Delhi was 8 PM in view of Covid-19 notification, as the petitioner failed to close the showroom.
The bench suggested that the police should adopt a simpler procedure in such like cases, where they are dealing with ordinary citizens, who have no criminal background or evident propensities to commit a crime.
The bench stated that, “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. The Criminal Procedure Code provides for different procedures to deal with different offences. Thus, petty offences can be summarily tried. The more serious offences punishable with imprisonment upto two years can be tried as a ’summons case’ while a case relating to an offence punishable with imprisonment for a term exceeding two years would be tried as a ’warrant case’. It is unfathomable why the offence under Section 188 IPC prescribing a punishment extendable upto three months or fine upto Rs.200/- or both, or when there is threat to health – as in this case due to Covid-19 pandemic – punishable with a maximum imprisonment of either nature for a period of six months or fine upto Rs.1,000/- or both, cannot be disposed of in a more purposeful manner. The offence in the present case 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”.
The Court concluded that, “It would be appropriate for the police to take quick action in all the pending matters relating to violation of orders passed under the Disaster Management Act, 2005 by filing complaints as required under law before the court and the courts ought to dispose of these matters, without further delay. The 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 of India, guaranteeing the right to life, of which liberty is an inalienable facet.”
The petition was disposed of declining the prayer to quash the FIR in question. However, the SHO concerned was directed to ensure that the complaint is forwarded to the concerned Magistrate’s court immediately.
Bench stated that, “It may be underlined here that these directions may be followed only in respect of all the cases under Section 188 IPC that relate to the disobedience of No.F.60/DDMA/COVID-19/2021/500 dated 28th December, 2021 or other similar orders issued by the Government of NCT of Delhi under the Disaster Management Act, 2005 and connected with the Covid-19 pandemic.”
Case Title: Decathlon Sports India Pvt. Ltd. V. State of NCT of Delhi
Citations: W.P.(CRL) 698/2022, CRL.M.A. 5859/2022 (for stay)
Bench: Hon’ble Justice Asha Menon
Decided on: 4th August 2022
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(With input from news agency language)
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