Punjab-Haryana High Court
Jasbir Alias Jasvir Singh vs State Of Punjab on 25 July, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:095019
CRM-M-15592-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-15592-2022
Reserved on: 02.07.2024
Pronounced on: 25.07.2024
Jasbir @ Jasvir Singh ...Pe!!oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Jasraj Singh, Advocate
for the pe!!oner.
Mr. T.P.S. Walia, A.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta!on Sec!ons
84 14.04.2020 Tanda, District 115, 124-A, 153-A, 505 (2), 295, 188,
Hoshiarpur 269, 270, 271, 506 IPC and 3 of Epidemic
Diseases Act and 54 of Disaster
Management Act
Criminal ND-9/2/2022
Trial No.
1. Seeking quashing of FIR cap!oned above along with all subsequent proceedings, the pe!!oner has come up before this Court under Sec!on 482 of the Code of Criminal Procedure (CrPC), 1973.
2. The informa!on upon which the above cap!oned FIR was registered relates to the COVID-19 lockdown. On 14.04.2020, when the Inves!gator ASI Amrik Singh, along with the police party, was patrolling to see the compliance with lockdown orders issued by Deputy Commissioner Hoshiarpur under the Na!onal Disaster Management Act, 2005, the police party received secret informa!on that pe!!oner was traveling on a motorcycle, and he has made himself live on social media in which he is ins!ga!ng people and children to raise their protest against Government of India, Government of Punjab and police and was using foul language and bad words against people belonging to Hindu religion, Doctors and was hur!ng their sen!ments and was blaming Government of India for the spread of COVID-19.
3. The District Magistrate had imposed the curfew, and the pe!!oner's conduct violated the curfew and condi!ons of the lockdown issued under the Na!onal Disaster 1 1 of 4 ::: Downloaded on - 27-07-2024 09:34:26 ::: Neutral Citation No:=2024:PHHC:095019 CRM-M-15592-2022 Management Act, 2005. Based on this informa!on, the police officials went to the said area and signaled him to stop, and on this, he started running away and was overpowered. Subsequently, he was arrested, and an FIR was registered against him.
4. AHer comple!ng the inves!ga!on, the District Magistrate Hoshiarpur, vide order No.6856/MA dated 10.07.2020, sanc!oned the prosecu!on of the pe!!oner under Sec!on 195 CrPC. On filing the police report, the Judicial Magistrate Ist Class found the offenses triable by Sessions Court and, on 16.12.2020, commiKed them to Sessions Judge Hoshiarpur for the pe!!oner's trial.
5. On 31.08.2021, the Trial Court framed charges against the pe!!oner. Aggrieved by the registra!on of FIR and framing of charges vide Annexure P-4, the pe!!oner has come up before this Court under Sec!on 482 CrPC.
6. I have heard counsel for the par!es and gone through the record. The state has made a preliminary objec!on that charges have to be explicitly challenged through a criminal revision pe!!on under Sec!ons 397 and 401 CrPC and not under Sec!on 482 CrPC, which is an extraordinary remedy, and sought the pe!!on's dismissal on this ground alone.
7. Counsel for the pe!!oner submits that he has resorted to extraordinary remedy because the Hon'ble Supreme Court has stayed all the proceedings under Sec!on 124-A IPC. Counsel for the pe!!oner further submits since the cons!tu!onal validity of Sec!on 124-A IPC is under challenge before the Hon'ble Supreme Court as such he chose the remedy under Sec!on 482 CrPC and not under Sec!on 397 r/w 401 CrPC, and consequently, the pe!!on should not be dismissed on this technical ground alone.
8. An analysis of the submissions points out the undisputed posi!on that the validity of 124-A IPC is under challenge before the Hon'ble Supreme Court. On this ground alone, it is jus!fiable for the pe!!oner to come before this Court under Sec!on 482 CrPC, and merely because he did not come under Sec!on 397 and 401 CrPC would not make him disen!tle to the relief.
9. The Trial Court, vide order dated 31.08.2021, framed the charges under Sec. 115, 124-A, 153-A, 505(2), 295, 188, 269, 270, 271, 506 IPC Sec!on 3 Epidemic Disease Act and Sec. 51 Disaster Management Act. A perusal of the order framing charges indicates that it is not a speaking order, and no reasons have been specified for how the offenses are made under the above-cap!oned sec!ons. Only a one-line order states that prima facie offenses under the above-cap!oned sec!ons are made out. No reasons have been given for how a prima facie case is made out under any of these sec!ons. AHer the said 2 2 of 4 ::: Downloaded on - 27-07-2024 09:34:27 ::: Neutral Citation No:=2024:PHHC:095019 CRM-M-15592-2022 order, a formal charge sheet was also prepared, as seen in Annexure P-3, which only reproduces the sec!ons, penal provisions, and nothing beyond that. The pe!!oner has denied charges and has pleaded not guilty. Simply because the pe!!oner did not challenge the charges within !me, it would not validate the cryp!c order of framing of charges, and this Court cannot ignore the founda!onal defect in the impugned order. Once the charges have been wrongly framed, the proceedings should not be closed, and the remedy would be that the maKer is remanded back to the concerned court to frame the charges again by passing a reasoned order. Therefore, this Court will consider the pe!!oner's other submissions on merits, and if the pe!!oner makes a case, then there would be no need to remand the maKer to reframe the charges.
10. However, another difficulty that has cropped up in the maKer is that the pe!!oner has challenged the charges by filing the present pe!!on on 04.04.2022, whereas, aHer framing the charges, three prosecu!on witnesses have already been examined out of nine. The pe!!oner had come up before this Court in 2022, and the Court did not decide the pe!!on for which the pe!!oner cannot be blamed. Counsel for the pe!!oner submits that the Hon'ble Supreme Court has stayed all the proceedings under Sec!on 124-A, and the pendency of the trial is causing mental trauma and anxiety because a case is pending against him.
11. The pe!!oner has also annexed a copy of the statements of PW1 to PW3. Counsel for the pe!!oner has referred to annexed copy of the statement of PW1, whose examina!on-in-chief was deferred because of the want of case property, but the other part of the examina!on-in-chief was duly completed. I have also gone through the statements of PW2 and PW3, which are complete, and a reitera!on of their statements under sec!ons 154 and 161 CrPC.
12. A perusal of the evidence collected so far does not point out that the pe!!oner was in the company of any other person and had even come towards the police party to endanger them with any COVID-19 infec!on, assuming he was infected and contagious. He was alone and had not threatened to spread any infec!on but was voicing his grievances to the people without puMng them under any threat or risk of infec!on or spreading infec!on.
13. Given the above, there is no primafacie evidence based on which the Court could have charged the pe!!oner for the commission of offenses punishable under Sec!ons 115, 124-A, 153-A, 505(2), 295, 188, 269, 270, 271, 506 IPC Sec!on 3 Epidemic Disease Act and Sec!on 51 Disaster Management Act.
14. As a result, it is a fit case for this court to prevent the abuse of the process of law 3 3 of 4 ::: Downloaded on - 27-07-2024 09:34:27 ::: Neutral Citation No:=2024:PHHC:095019 CRM-M-15592-2022 because the allega!ons made in the complaint and the inves!ga!on do not contain any material base, therefore pe!!oner could not be prosecuted or charged. In the facts and circumstances peculiar to this case, the court's non-interference would result in a miscarriage of jus!ce, and thus, the court invokes the inherent jurisdic!on under sec!on 482 CrPC and quashes the aforesaid charges, FIR, and all subsequent proceedings qua the pe!!oner. Pe on allowed. All pending applica!on(s), if any, stand closed.
(ANOOP CHITKARA)
JUDGE
25.07.2024
Jyo! Sharma
Whether speaking/reasoned: Yes
Whether reportable: NO.
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