Telangana High Court
Shaik Ismail vs The State Of Telengana And 5 Others on 17 June, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
HON'BLE SRI JUSTICE T. VINOD KUMAR
Criminal Petition No.2453 of 2020
ORDER:
The present Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.209 of 2020 dated 21.05.2020 of Kamareddy Police Station registered against the petitioner/A.1, wherein the petitioner, who is the proprietor of M/s. Bheersheba Foods Packing and Selling Network, for the offences punishable under Sections 188, 269, 270 IPC, Section 3 of Epidemic Act and Section 51-B of Disaster Management Act, 2005.
2. The above case is taken up for hearing today i.e., 17.06.2020, through Video Conferencing.
3. Heard Sri Rajender Khanna, learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondent Nos.1 to 4.
4. The learned counsel for the petitioner submits that the petitioner was carrying on business activity in terms of the guidelines issued by the Ministry of Home Affairs (MHA) permitting the Commercial Establishment to operate. While that being so, the 4th respondent authority has visited the petitioner's premises on 21.05.2020 at 11.30 hours and acted in highhanded manner, for which the petitioner addressed representations to the respondent Nos.2 & 3, on the same day viz., 21.05.2020 and sent the same by registered post at 13:05 hours, after filing a copy thereof in the concerned police station. The 4th respondent authority on learning of the petitioner lodging a complaint with the 2nd & 3rd respondent authorities by registered post, has registered FIR No.209 of 2020 at 13:30 hours, against the petitioner, claiming that the said authority has visited the petitioner's premises at 13:00 hours and found that the petitioner carrying business activity in 2 violation of MHA order, and the G.O.s, issued by the Government of Telangana, though no such violation has taken place.
5. Per contra, the learned Additional Public Prosecutor submits that the 4th respondent has registered a case against the petitioner for intentionally violating the government orders issued to stop spread of pandemic covid-19 virus in the State of Telangana, since the petitioner is found operating business activity by not adhering the guidelines issued and suggestions by G.O.Ms.Nos.45, dated 02.03.2020, GO Ms.No.46 General Administration Department, dated 23.03.2020, GO Ms.Nos.54, 57, 60, 64 and 68 issued by the Government of Telangana, and sealed the business premises. The learned Additional Public Prosecutor submits that after registering the above crime, the 4th respondent has reported the case to the Judicial First Class Magistrate's Court at Kamareddy on the same day i.e., 25.05.2020.
6. Having regard to the said submissions made and considering the fact that the respondent authorities have already reported the matter before the Judicial First Class Magistrate at Kamareddy, this Court is of the view that in so far as the application in IA No.3 of 2020 filed by the petitioner for de-sealing the premises of the concerned, the petitioner may be permitted to approach the Judicial First Class Magistrate at Kamareddy, by filing necessary application seeking for appropriate relief therein. In so far as the relief sought for in IA No.2 of 2020, is concerned, this Court is of the view that since a crime has been registered and the investigation being at the nascent stage, no interference is called for at this stage, except directing the respondent police authorities not to take coercive action against the petitioner, while carrying investigation into the above crime registered.
7. Subject to the above observation and direction, the criminal petition is disposed of. No order as to costs.
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8. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed in the light of this final order.
___________________________ JUSTICE T.VINOD KUMAR Date: 17.06.2020 Isn 4 HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE No.: Crl. Petition No.2453 of 2020 PROCEEDING SHEET Sl. DATE OFFICE ORDER No NOTE 17.06.2020 TVK,J:
The Crl. Petition is disposed of.
(vide separate order).
(B/o.) Isn