1 2025:CGHC:51283-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3150 of 2025 1. Avinash Thwait S/o Ramkumar Thawait Aged About 34 Years R/o Rahod, P.S. Sheorinarayan, District- Janjgir-Champa (C.G.) 2. Mahendra Anant S/o Akshay Anant Aged About 29 Years R/o Rahod, P.S. Sheorinarayan, District- Janjgir-Champa (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through Police Station- Sheorinarayan, District- Janjgir-Champa (C.G.) 2. M.M. Minj S/o Mathias Minj Aged About 65 Years P.S. Sheorinarayan, District- Janjgir-Champa (C.G.) ...Respondent(s) For Petitioners : Mr. Anish Tiwari, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 15.10.2025 1. Heard Mr. Anish Tiwari, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.10.16 15:16:37 +0530 2 2. The present petition has been filed by the petitioners with the following prayers: “1. That, this Hon’ble Court may kindly be pleased to allow the instant petition filed under Section 528 of BNSS, 2023 filed by the petitioners, in the interest of justice. 2. This Hon’ble Court may kindly be pleased to quash the impugned First Information Report No. 113/2020 dated 18.04.2020 under Sections 188, 269, 270 of the IPC and Section 3 of the Epidemic Diseases Act, 1897 lodged against the petitioners at Police Station Sheorinarayan, District Janjgir-Champa (C.G.). 3. This Hon’ble Court may kindly be pleased to quash the entire Final Report No. 74 of 2020 dated 26.04.2020 submitted by P.S. Sheorinarayan, District Janjgir-Champa (C.G.) before Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.) under Sections 188, 269, 270 of the IPC & Section 3 of the Epidemic Diseases Act, 1897. (Annexure P/1) 4. This Hon’ble Court may kindly be pleased to quash the entire criminal proceedings pending in Criminal Case No. 583 of 2021 titled as State of Chhattisgarh vs. Avinash Thawait & Another against the petitioners for the said offences. 3 5. This Hon’ble Court may kindly be pleased to quash/set-aside impugned order dated 06.07.2021 of taking cognizance of impugned final report passed by learned Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.) in Criminal Case No. 583 of 2021 (Annexure P/2) 6. Any other relief/reliefs which the Hon’ble may deem fit under the facts and circumstances of the case.” 3. Learned counsel for the petitioners submits that Crime No.113/2020, registered at P.S. Sheorinarayan, District Janjgir-Champa (C.G.), under Sections 188, 269, 270 of the IPC and Section 3 of the Epidemic Diseases Act, 1897, alleges that the petitioners were supplying hardware goods during the COVID-19 period in violation of COVID-19 guidelines. Subsequently, the impugned charge-sheet No.74/2020 was filed by the police/respondent No. 1 on 26.04.2020 under the aforementioned offences. Pursuant to the charge-sheet, cognizance was taken by the concerned Magistrate vide the impugned order dated 06.07.2021, and the case was instituted as Criminal Case No. 583/2021. 4. Learned counsel for the petitioners further submits that the impugned FIR does not contain any allegations under the Atrocities Act. These allegations were introduced at a later stage, which indicates malafide intent on the part of the prosecution. It is also submitted that the State Government had proposed to withdraw criminal cases filed for 4 alleged violations of COVID-19 guidelines, but no action has been taken to date. Therefore, the petitioners are compelled to seek quashing of the present proceedings. 5. It is further contended by the learned counsel for the petitioners that petitioner No. 1 is the proprietor of Avinash Hardware and Saw Mill, Rahod, and petitioner No. 2 is the driver of the pickup vehicle. Both petitioners have already been granted bail. Learned counsel submits that the impugned order taking cognizance, the FIR, the charge-sheet, and the criminal proceedings against the petitioners are wholly illegal and are liable to be quashed. Specifically: Cognizance under Section 188 of IPC was taken despite the statutory requirement that such cognizance can only be taken on a complaint by a public servant. The present case is based on an FIR, which is legally impermissible. Cognizance under Section 3 of the Epidemic Diseases Act, 1897 can only be taken upon a written complaint by an appropriate authority. No such complaint exists in the present case. Allegations under the Atrocities Act were added later, without a basis in the original FIR, raising a presumption of malafide intent. Hence, this petition. 6. On the other hand, learned State counsel opposes the submissions of the petitioners. 7. We have heard learned counsel for the parties and perused the materials available on record. 8. This Court observes that the FIR and charge-sheet allege administrative violations of COVID-19 guidelines, which cannot sustain 5 criminal proceedings in the absence of proper statutory authority. Cognizance under Section 188 of the IPC cannot be taken on an FIR; it requires a complaint by a public servant, which is lacking in this case. Similarly, cognizance under Section 3 of the Epidemic Diseases Act, 1897 can only be taken on a written complaint by the appropriate authority, which is also absent. Further, the subsequent addition of allegations under the Atrocities Act, not present in the original FIR, indicates potential malafide intent. Considering that both petitioners were granted bail and there is no evidence of ongoing misconduct, the criminal proceedings suffer from legal and procedural infirmities and amount to abuse of process. 9. In view of the above, the petition is allowed. The FIR, charge- sheet, and all proceedings arising therefrom, including Criminal Case No. 583/2021, are hereby quashed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan