Covid Lockdown Violation: Punjab & Haryana HC Acquits Foreign-Return U/S 269 IPC In Absence Of Material To Show He Had Any Infectious Disease

The bench comprising Justice Vinod S. Bhardwaj held that there is no evidence available on record to prima facie opine that the petitioner was suffering from any infectious disease dangerous to life or has caused spreading of the same.

The court was dealing with a petition filed under Section 482 of the Code of Criminal Procedure for seeking quashing of FIR.

After considering the rival submission of the parties, the court held that no medical examination of the petitioner was conducted by the investigating agency despite registration of the case and that there is no evidence available on record via which it can be prima facie opined that he was suffering from any infectious disease or has caused spreading of any infectious disease dangerous to life.

There is however no denial of the fact that the medical examination of the petitioner had not been conducted by the investigating agency despite registration of the case and that there is no evidence available on the record on the basis whereof it may be prima facie opined that the petitioner was suffering from any infectious disease or that by his act he has caused spreading of infectious disease dangerous to life.

It referred to HLA SHWE Vs. State of Maharashtra where it was held that the person sought to be prosecuted under Sections 269 and 270 IPC must commit an act with a "knowledge" that he is likely to spread infection of any disease.

In the instant case, there was no basis for the prosecution to ascertain whether the petitioner was suffering from any communicable/infectious disease or not, the court added.

Court further said that it cannot remain oblivious to the material that forms part of the final report and turn a blind eye to the absence of any material to satisfy the ingredients of the offences.

The Court cannot remain oblivious to the material which forms part of the final report and turn a blind eye to the absence of any material to satisfy the ingredients of the offences or the mandatory procedure prescribed in law.

Consequently, the court allowed the instant petition and quashed the impugned FIR registered under Section 188, 269 and 270 of the Indian Penal Code, 1860.

Case Title : Sidak Singh Sandhu v. U.T. Chandigarh And Another

Citation: 2022 LiveLaw (PH) 226 

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