Delhi HC refuses to quash FIR against brothers over assaulting cop, lockdown violation
May 07, 2020
New Delhi [India], May 7 : Delhi High Court has refused to quash an FIR against two brothers for assaulting a police personnel, violating lockdown and obstructing public servant in discharge of functions.
A bench of Justice C Harishankar on Wednesday, while rejecting the plea seeking to quash the FIR, observed that the charges against the petitioners are unquestionably serious.
"Breach of the lockdown restrictions imposed by the government which if permitted unchecked may result in loss of lives of millions and cannot be tolerated for an instance. The acts of the petitioners if true, are inherently inimical to public and societal interest," the court said.
"Acts often innocuous may have catastrophic consequences and courts in cases such as these cannot permit themselves to be carried away by the physical nature of the act as committed unmindful of the results that would ensue, were such acts to be tolerated. While this sole factor may even by itself be sufficient to have merited dismissal," it added.
The FIR was registered under Sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread disease dangerous to life), 186 (obstructing public servant in discharge of functions), 353 (assault, criminal force to deter public servant from duty), 332 (voluntarily causing hurt to deter public servant from duty), 506 (criminal intimidation), 34 (acts by several for common intention) of the Indian Penal Code (IPC).
The counsel appearing for the petitioner, however, denied the charges against his clients and prayed the court to summon the CCTV footage of the area, which, he said will vouchsafe the innocence of the two brothers.
Accrding to the police, head constable Rishi Kumar had stopped a person named Rahul seen loitering without wearing a face mask, in violation of the advisory issued by the Central government in the wake of the COVID-19 pandemic.
Howeverm Rahul said that the cop had no right to stop him from walking in the area without a mask and when the head constable attempting to control Rahul with the assistance of another constable Pravin, he tore the shirt of the complainant, police said.
Police further said that Rahul also assaulted constable Pravin by kicking him and during the incident, Rahul's brother Sundar also arrived at the spot and joined Rahul in assaulting the police personnel.
