SANTOSH KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein seeks quashment of FIR No.165/2020, registered at Police Station Malkharoda for the offence punishable under Section 188 of the IPC and Section 56 of the Disaster Management Act, 2005 on the following factual backdrop :

(2.) The petitioner is a Medical Officer appointed on 18-9-2018 by the State Government and he was posted at Community Health Centre, Malkharoda and thereafter, he joined and started working on the post of Medical Officer. Dr. K.L. Uraon, who was holding the substantive post of Block Medical Officer (BMO), was transferred to some other place and thereafter, Dr. Krishna Sidar was given the charge of the said post of BMO, but thereafter, on 17-1-2020, respondent No.5 was given the charge of the post of BMO. Respondent No.5 by order dated 22-4-2020 directed the petitioner to vacate the Government quarter G-1, which he was occupying since 9-9- 2019, holding it to be earmarked for the residence of BMO which the petitioner suitably replied, but that turned out to a dispute between them and it continued. Meanwhile, by order dated 8-6-2020 (Annexure P-8), respondent No.5 directed the petitioner to join duty in the Isolation and COVID Ward of District Hospital, Janjgir and also submit himself for training, but he could not join on account of personal difficulty, as his daughter became unwell for which he was issued show cause notice vide Annexure P-11 on 9-6-2020, but ultimately, when he could not join his duty, the impugned FIR was registered at the instance of respondent No.5 in-charge BMO, stating that pursuant to the order of the Chief Medical and Health Officer respondent No.4, he was directed to join duty at Isolation and COVID Ward of District Hospital, Janjgir, but he failed to report on 11-6-2020 and non-joining of duty at the Isolation and COVID Ward of District Hospital, Janjgir during the time of pandemic COVID-19 is a gross omission and negligence in performance of duty and therefore action be taken against him for his act / omission in not joining duty at the District Hospital, Janjgir pursuant to which offence punishable under Section 188 of the IPC and Section 56 of the Disaster Management Act, 2005 (for short, 'the Act of 2005') has been registered against him.

(3.) This writ petition principally seeks quashment of FIR on the ground that for the offence punishable under Section 56 of the Act of 2005, cognizance can be taken only on the complaint in writing that too by specified officer mentioned in Section 60(a) of the Act of 2005 and further, previous sanction for prosecution from the competent authority is required under Section 59 of the Act of 2005 and also, for offence punishable under Section 188 of the IPC, no FIR can be registered, as registration of FIR and cognizance of offence punishable under Section 188 of the IPC is barred by Section 195(1)(a)(i) of the Code of Criminal Procedure, 1973 (for short, 'the Code'). It is purely a service dispute which has been given the colour of criminal offence taking the umbrella of COVID-19 which is absolutely unsustainable and as such the FIR deserves to be quashed.