Jharkhand High Court
Dr. Anwar Nijam vs The State Of Jharkhand on 16 August, 2023
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
1 Cr.M.P. No.992 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 992 of 2022
1. Dr. Anwar Nijam, Son of Late Dr. Nezamul Hasan, Aged about
46 years
2. Dr. Rahat Nezam @ Dr. Rahat Jabin, wife of Dr. Anwer Nezam,
aged about 45 years
Both Resident of Muslim Nagar near river, Care of Life Line
Hospital and Advance Stone Clinic, Daltonganj, P.O. & P.S. -
Sadar, District -Palamau. .... Petitioners
Versus
1. The State of Jharkhand
2. Sandeep Ram, son of Sri Tapeshwar Ram, Resident of Singra,
Daltonganj, P.O. & P.S. -Sahar, District -Palamau
.... Opp. Parties
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioners : Mr. Ankit Kumar, Advocate For the State : Mrs. Vandana Bharti, Addl. P.P. For the O.P. No.2 : Mr. Sheo Kr. Singh, Advocate .....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 including the order dated 02.01.2021, passed by the learned Chief Judicial Magistrate, Palamau in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 whereby and where under the learned court found prima facie case under Section 271/188/323 of the Indian Penal Code 2 Cr.M.P. No.992 of 2022 against the petitioners and accordingly took cognizance of the said offences.
3. The allegation against the petitioners is that the petitioners being the owner of a hospital discharged the daughter of the informant from the hospital on the basis of a negative Corona Report suppressing the material fact that the daughter of the informant was suffering from COVID -19. Police registered the case under section 271, 188 & 323 of the Indian Penal Code and took up investigation of the case and after completion of the investigation, police submitted charge sheet and vide order dated 02.01.2021, the learned Chief Judicial Magistrate has taken cognizance for the offences punishable under Section 271, 188 & 323 of the Indian Penal Code.
4. It is submitted by the learned counsel for the petitioners, that so far as the offence punishable under Section 188 of the Indian Penal Code is concerned, nothing has been mentioned about the order promulgated by any public servant and otherwise also, in view of the bar under Section 195 Cr.P.C. for taking cognizance of the offence punishable under Section 188 of the Indian Penal Code by the court; except on the complaint in writing by the public servant concerned and as in this case, no complaint has been made by any public servant, the cognizance in respect of the offence punishable under Section 188 of the Indian Penal Code is illegal. So far as the offence punishable under Section 323 of the Indian Penal Code is concerned, it is submitted by the learned counsel for the petitioner that there is no allegation of any hurt being caused to anybody. 3 Cr.M.P. No.992 of 2022
Hence, it is submitted that the cognizance in respect of the offence punishable under Section 323 of the Indian Penal Code is not sustainable in law. So far as the offence punishable under Section 271 of the Indian Penal Code is concerned, it is submitted by the learned counsel for the petitioner that the same relates to putting any vessel into a state of quarantine, or for regulating the intercourse of vessels and no order of quarantine has been brought on record in this case nor any vessel is involved. Hence, it is submitted that the offence punishable under section 271 of the Indian Penal Code is also not maintainable. It is next submitted that since no offence, for which the cognizance has been taken by the Chief Judicial Magistrate, Palamau is made out, hence continuation of this criminal proceeding will amount to abuse of process of court. Hence, it is submitted that the entire criminal proceeding in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 including the order dated 02.01.2021, passed by the learned Chief Judicial Magistrate, Palamau in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 whereby and where under the learned court found prima facie case under Section 271/188/323 of the Indian Penal Code against the petitioners and accordingly took cognizance of the said offences be quashed and set aside.
5. The Learned Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer for quashing the entire criminal proceeding in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 including the order 4 Cr.M.P. No.992 of 2022 dated 02.01.2021, passed by the learned Chief Judicial Magistrate, Palamau in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 whereby and where under the learned court found prima facie case under Section 271/188/323 of the Indian Penal Code against the petitioner and accordingly took cognizance of the said offences and submits that an offence punishable under Section 270 of the Indian Penal Code is made out in the facts of the case.
6. Having heard the submissions made at the Bar and after going through the materials in the record, this Court has no hesitation in holding that the offence punishable under Section 323 of the Indian Penal Code is not made out in the absence of any allegation of any hurt being caused to anybody. So far as the offence punishable under Section 188 of the Indian Penal Code is concerned, certainly for cognizance of the said offence, a complaint filed by a public servant is sine-qua-non and in this case undisputedly, no public servant has lodged any compliant. Hence, the cognizance so far the offence punishable under Section 188 of the Indian Penal Code is also not sustainable in law. So far as the offence punishable under Section 271 of the Indian Penal Code is concerned, no quarantine order has been brought on record or alleged to have been promulgated which has allegedly been violated by the petitioner nor any vessel is involved in this case. Hence, the cognizance for the offence punishable under Section 271 of the Indian Penal Code is also not sustainable in law.
7. In view of the discussions made above, this Court is of the considered view that the continuation of this criminal proceeding 5 Cr.M.P. No.992 of 2022 will amount to abuse of process of law and this is a fit case where the entire criminal proceeding in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 including the order dated 02.01.2021, passed by the learned Chief Judicial Magistrate, Palamau in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 whereby and where under the learned court found prima facie case under Section 271/188/323 of the Indian Penal Code against the petitioners and accordingly took cognizance of the said offences be quashed and set aside.
8. Accordingly, the entire criminal proceeding in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 including the order dated 02.01.2021, passed by the learned Chief Judicial Magistrate, Palamau in connection with Daltonganj (Town) P.S. Case No. 205 of 2020 whereby and where under the learned court found prima facie case under Section 271/188/323 of the Indian Penal Code against the petitioners and accordingly took cognizance of the said offences, is quashed and set aside.
9. In the result, this criminal miscellaneous petition is allowed.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 16th August, 2023 AFR/Sonu-Gunjan/-