HC: No Coercive step to be taken on a COVID-19 Patients [Read Order]

The case of  Dr. Sambit Patra Versus State of Chattisgarh and others was conducted via video conferencing in the High Court premises at Bodri, Bilaspur.  Justice Shri Justice Sanjay K. Agrawal ordered that though the office listed the matter on default but it appeared that there is no default, the only default is the age of petitioner which was not mentioned.

Petitioner's Submissions:

The petitioner submitted that the subject matter of First information Report for the crime is the registration of offense against the petitioner in Police Station Bhilai Nagar, Bhilai Distt, Durg under Sec 499, 501 and 505(1) of IPC  and other sections cannot be taken into the cognizance of on the basis of the police report in view of Section 199(1) of CrPC, therefore Fir prima facie barred and not sustainable for the law .  The counsel further submitted that FIR for an offence punishable under Section 153 A, 298, and  505(2) of IPC registered against the petitioner, in Police Station  Raipur is not at all attracted  and ingredients are also not made out against petitioner which is apparent from a bare perusal of FIR. Thus both the FIRS deserve to be quashed with tsking reference of the case of State of Haryana versus Bhajan Lal and others

Also, the petitioner was diagnosed with coronavirus, been discharged from the hospital but still is quarantined for 14 days thus if any interim order been passed can likely put him under serious health issues.

Respondents Submissions:

 The learned counsel submitted that prima facie offenses under Section 153 A, 298, and 505(2) of IPC are made out against the petitioner, and also clear it is an offense of defamation that has been committed by the present petitioner and offenses been rightly registered against him. 

Order by High Court

Notice was being issued to the respondent and also the time requested of four weeks by the respondent was granted  The petition was being arguable and was admitted for hearing next on 23 June 2020.

It was also stated that petitioner being a patient of COVID 19  and recently been discharged from hospital and is quarantined for 14 days, the court taking the consideration of Sec 199(1) of CrPC no, coercive steps to be taken against the petitioner till the next date of hearing and theFIRs been registered will be ordered accordingly.

Read Order @LatestLaws.com