Himachal Pradesh High Court
Deepak Abrol And Others vs State Of H.P. And Another on 6 March, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CRMMO No.285 of 2020 Date of Decision : March 6, 2021 .
Deepak Abrol and others ....Petitioners.
Versus State of H.P. and another ....Respondents.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? Yes. For the Petitioners : Mr. Anand Sharma, Senior Advocate, with Mr. Karan Sharma, Advocate.
For the respondent : Mr. Raju Ram Rahi, Deputy Advocate General and Mr. Sunny Dhatwalia, Assistant Advocate General.
Vivek Singh Thakur, Judge Instant petition has been preferred for quashing FIR No.52 of 2020, dated 3.4.2020, registered in Police Station, Palampur, District Kangra, Himachal Pradesh, under Sections 188, 270 of the Indian Penal Code and Section 51 of Disaster Management Act, 2005.
2. Status Report as well as reply filed on behalf of the respondents-State reveal that impugned FIR was registered against the petitioners when, on 2.4.2020 at about 11.15 p.m., they were found travelling in Vehicle No.PH-54F-5718 at Kalu Di Hatti Naka, during Curfew hours, ::: Downloaded on - 08/03/2021 20:19:52 :::HCHP CRMMO No.285/2020 ...2...
without any valid permission to drive and travel in the vehicle.
3. On completion of investigation, it has been .
concluded that petitioners have committed offences under the aforesaid provisions of law and now challan is pending for scrutiny of the prosecution.
4. Case of petitioners is that they are serving or working with Punjab State Power Corporation Ltd. ('Corporation' for short) posted at Talwara and Hydro Power Project Shanan Power House situated at Jogindernagar, District Mandi, Himachal Prades, is also under the control of the Corporation through Senior Ex. En. (Protection) Talwara. On 2.4.2020, Resident Engineer of Shanan Power House had submitted a Memo (Anexure P-1) to the Ex. En. (Protection), Talwara, regarding defect in protection system of the machine in the Power House, with request to depute a team to visit Shanan Power House immediately for rectification of the fault so that machine may be synchronized to meet the rising demand of electric power in the State.
5. After receiving the complaint/memo from Resident Engineer, Shanan Power House, petitioners were deputed to visit Power House and as such they had ::: Downloaded on - 08/03/2021 20:19:52 :::HCHP CRMMO No.285/2020 ...3...
immediately started for the Power House and, on the way, despite belonging to category of essential services, exempted from restrictions of Curfew, they were charged .
for commission of offence.
6. Petitioners have placed on record Instructions dated 24.3.2020 (Annexure P-4), issued from the Office of Director General of Police, Himachal Pradesh, wherein it has been notified that electricity, water and municipal services have been declared as essential by the Government of Himachal Pradesh, vide Order dated 23.3.2020, as their staff was being deployed for rendering uninterrupted services throughout the State on 24X7 basis and, therefore, it was directed that Officers and officials of essential services/departments should not be stopped by the Police Personnel, rather should be allowed to go to perform their duties. A Curfew Order dated 24.3.2020, issued by District Magistrate, Kangra, Himachal Pradeesh, has also been placed on record as Annexure P-5, whereby Curfew was imposed in District Kangra with immediate effect from 5 p.m. on 24.3.2020, wherein also electricity, water, sanitation services, on authorization by SDM, have been permitted to move during Curfew hours and Hydro Power Generation has been declared as a project exempted from ::: Downloaded on - 08/03/2021 20:19:52 :::HCHP CRMMO No.285/2020 ...4...
Curfew orders with permission to continue its working. A communication dated 25.3.2020 (Annexure P-6), issued by Ministry of Power, Government of India, addressed to all .
States/UTs' Secretaries, District Magistrates, District Superintendents, Police Commissioners and Municipal Commissioners of all States/cities in the entire country has also been placed on record whereby for operation and maintenance of inter-State transmission network on 24X7 basis for providing uninterrupted service during the Nationwide Lockdown from COVID-19 outbreak, it was requested for allowing their staff to move around and to also permit movement of Field Engineers at sites, sub- stations and tower locations for ensuring smooth power flow. A communication dated 25.3.2020, issued by Ministry of Power, Government of India, has been placed on record as Annexure P-7 whereby it was directed that autonomous and subordinate offices and Public Corporations shall remain closed during nationwide lockdown for COVID-19 outbreak, except certain essential services, including power generation and transmission units. An order dated 1.4.2020 (Annexure P-8), issued by District Magistrate Mandi, Himachal Pradesh, has also been placed on record wherein it is stated that Curfew passes shall not be issued ::: Downloaded on - 08/03/2021 20:19:52 :::HCHP CRMMO No.285/2020 ...5...
to employees of essential services and they shall carry their Office/Departmental Identity Cards while on duty to establish their identity when asked to do so on any Naka.
.
7. Petitioners have also placed on record photocopies of their Identity Cards as well as Curfew Passes issued by Government of Punjab as Annexure P-9 (Colly). A Certificate dated 21.7.2020, issued by Deputy Chief Engineer, O&M Circle, MHP, PSPCL Talwara, has also been placed on record as Annexure P-11, wherein it is certified that petitioners were deputed to attend the fault of Unit No.5 (50 MW) of Shanan Power House, Jogindernagar, on 2.4.2020. An order passed by ACJM, Palampur, releasing the vehicle involved in the case has also been placed on record as Annexure P-12, wherein after taking into consideration the police record, it has been observed that Corporation is providing essential services in the field of electricity.
8. From aforesaid documents, it is apparent that except carrying Identity Cards, petitioners were not required to carry Curfew Passes etc. with them. Though in reply filed on behalf of respondents-State it has been stated that petitioners were not carrying any proof of their Identity, apart from not having Curfew Passes, however, ::: Downloaded on - 08/03/2021 20:19:52 :::HCHP CRMMO No.285/2020 ...6...
neither in the FIR nor in the Status Report filed at first instance in present case, it has been mentioned that petitioners were not having their Identity Cards when their .
vehicle was intercepted by the police but only allegation against the petitioners is that they could not produce any valid permission to move themselves or movement of their vehicle during Curfew. Therefore, the allegation that the petitioners were not carrying their Identity Cards appears to be an afterthought to justify registration of FIR. It is evident from the circulars, memos, instructions issued by and the orders passed by various authorities/Departments/ Magistrates during nationwide lockdown, that movement of persons, performing their duty/job under essential services, was permissible for their job with Identity Card only. Nothing has been brought on record requiring registration of FIR against petitioners for their movement on the day of incident without Curfew Pass.
9. For the material on record, I am of the considered opinion that Curfew pass was not necessary for the petitioners being employees of essential services Department deputed to rectify the fault in Hydro Power General Project. Therefore, registration of FIR, on this count, was unwarranted and deserves to be quashed. ::: Downloaded on - 08/03/2021 20:19:52 :::HCHP CRMMO No.285/2020
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10. In view of above, FIR No.52 of 2020, dated 3.4.2020, registered in Police Station, Palampur, District Kangra, Himachal Pradesh, is quashed and as a result .
consequential proceedings arising thereto are also quashed.
11. Petition is allowed in aforesaid terms.
12. Copy dasti.
Petitioners are permitted to produce a copy of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy.
( Vivek Singh Thakur )
March 6, 2021(sd) Judge.
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