Raipur: HC quashes FIR under section 188 IPC against Covid +ve doctor

Source:-https://timesofindia.indiatimes.com

RAIPUR: In a significant matter related to a case filed by the police against a young doctor after she was tested positive for Covid-19, Chhattisgarh high court has quashed the FIR against her, holding that no First Information Report under section 154 of Criminal Procedure Code (CrPC) could be registered for offence under section 188 of Indian Penal Code (IPC).

Dr Apurva Ghiya, a medical graduate preparing for civil services examination in Delhi, had filed the writ petition before the Chhattisgarh high court after the Rajnandgaon district police filed an FIR against her under section 188 of IPC at Ambagarh Chowki police station on a complaint by a Nagar panchayat official that she did not inform her arrival from New Delhi, as mandated by the district collector, and she has been tested positive for Covid-19.

The single bench of Justice Sanjay K Agrawal held that for the offence punishable under section 188 of IPC, no FIR can be registered under section 154 of CrPC and quashed the offence registered against her under this section — citing a Supreme Court judgement in the matter of state of Haryana vs Bhajanlal and others.

Dr Apurva Ghiya, who was stranded in New Delhi following the lockdown, had applied for e-pass and reached hometown Rajnandgaon on June 7. Next day, she got herself examined at a community health centre at Ambagarh chowki besides informing the Chief medical officer at Rajnandgaon on June 10 about her arrival .

After she tested Covid positive and was hospitalised, Ambagarh chowki Nagar panchayat’s chief municipal officer lodged a report seeking registration of an FIR against her under section 188 of IPC.

Petitioner’s counsel Shalvik Tiwari prayed for quashing the FIR on the ground that under the CrPC provisions for offence under section 188 of the IPC, no cognisance can be taken by the magistrate unless complaint in writing is made by the public servant concerned and therefore police cannot register FIR under Section 154 of the Code and investigate the case.

Besides the petitioner also argued that the district collector’s order, making it mandatory for informing the civic authorities, was never promulgated by the collector in the official gazette or by beat of drum, therefore, she did not have information about the same and as such she could not inform the collector about her arrival though she herself submitted her for medical examination on the next day of her arrival.

However, it is a pure and simple technical error and the state is having complete information as she came from Delhi to Rajnandgaon after e-pass having been granted by the state hovernment, the petitioner argued.