Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1885 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C-482 No.1569 of 2023
Hon’ble Alok Mahra, J.
Mr. B.M. Pingal, learned counsel for the applicant.
2. Mr. K.S. Bora, learned Deputy A.G. along with Mr. Dinesh Chauhan, learned A.G.A. for the State.
3. Present application under Section 482 of the Code of Criminal Procedure has been filed seeking quashing of the charge-sheet as well as the summoning/cognizance
order dated 05.02.2021 passed by the learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital in Criminal Case No. 338 of 2021, whereby the applicant has been summoned to face trial for the offences punishable under Sections 201, 269, 270 and 307 I.P.C.
4.
Learned counsel for the applicant would submit that respondent no.2 lodged an F.I.R. on 13.06.2020 under Section 51(b) of the Disaster Management Act, 2005 and Sections 188, 201, 269, 270 and 307 I.P.C., alleging that the applicant, who was kept in institutional quarantine at Corbett Kingdom, had not informed the authorities about his COVID-19 positive report and thereby created a risk of spreading the COVID-19 pandemic. After
2026:UHC:1885 investigation, a charge-sheet was submitted and the learned trial court took cognizance and summoned the applicant.
5. It is submitted that the applicant was working and residing in Delhi and his native place is Ramnagar, District Nainital; that, due to the rapid spread of COVID-19 cases in Delhi, the applicant decided to shift his family to his native place; that, before leaving Delhi, the applicant voluntarily gave his sample for RT-PCR test on 09.06.2020 at Shanti Mukund Hospital. However, the result was not communicated to him at that time.
6.
Learned counsel further submits that on 11.06.2020 the applicant, along with his wife and two children, reached Ramnagar and voluntarily reported at the Government Hospital/Quarantine Centre at Degree College, Ramnagar as per the COVID-19 protocol; that, thereafter, the applicant and his family were kept in institutional quarantine at Corbett Inn, which had been designated as a quarantine centre by the District Administration.
7. It is further submitted that on 13.06.2020 the applicant contacted his friend in Delhi to enquire about his RT- PCR report and then came to know that the report was positive; that, Immediately thereafter, the applicant informed the medical authorities, upon
2026:UHC:1885 which he was shifted to another quarantine centre and remained in quarantine from 13.06.2020 to
30.06.2020. After medical examination, the doctors found him to be asymptomatic.
8. It is also submitted that after discharge from the quarantine centre on 30.06.2020, the applicant remained in home quarantine for further precaution and later resumed his duty at Delhi.
Learned counsel contends that the applicant had followed all COVID-19 protocols and had voluntarily reported himself to the authorities; therefore, no offence is made out against him.
9.
Learned counsel for the applicant would further submit that the Government has also issued notifications during the pandemic period for withdrawal of certain cases registered in relation to COVID-19 restrictions.
10. Learned State counsel opposed the application.
11. Having considered the submissions and perused the record, it appears that the applicant had voluntarily reported at the quarantine centre and had complied with the COVID-19 guidelines. There is nothing on record to show any deliberate or negligent act on the part of the applicant which could attract the offences alleged.
12. Accordingly, the present application
2026:UHC:1885 under Section 482 Cr.P.C. is allowed. The summoning/cognizance order dated 05.02.2021 passed by the learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital in Criminal Case No. 338 of 2021 under Sections 201, 269, 270 and 307 I.P.C. is hereby quashed.
13. Pending applications, if any, stand
disposed of accordingly.
(Alok Mahra, J.)
17.03.2026 Mamta
MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b66 dd26690a191648ab5d8dd00 4ef0, cn=MAMTA RANI Date: 2026.03.19 15:05:45 +05'30'