Himachal Pradesh High Court
Deepak Abrol And Others vs State Of H.P. And Another on 6 March, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CRMMO No.285 of 2020
Date of Decision : March 6, 2021
.
Deepak Abrol and others
....Petitioners.
Versus
State of H.P. and another
....Respondents.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting? Yes.
For the Petitioners : Mr. Anand Sharma, Senior Advocate,
with Mr. Karan Sharma, Advocate.
For the respondent : Mr. Raju Ram Rahi, Deputy Advocate
General and Mr. Sunny Dhatwalia,
Assistant Advocate General.
Vivek Singh Thakur, Judge
Instant petition has been preferred for quashing
FIR No.52 of 2020, dated 3.4.2020, registered in Police
Station, Palampur, District Kangra, Himachal Pradesh, under
Sections 188, 270 of the Indian Penal Code and Section 51
of Disaster Management Act, 2005.
2. Status Report as well as reply filed on behalf of
the respondents-State reveal that impugned FIR was
registered against the petitioners when, on 2.4.2020 at
about 11.15 p.m., they were found travelling in Vehicle
No.PH-54F-5718 at Kalu Di Hatti Naka, during Curfew hours,
CRMMO No.285/2020
...2...
without any valid permission to drive and travel in the
vehicle.
3. On completion of investigation, it has been
.
concluded that petitioners have committed offences under
the aforesaid provisions of law and now challan is pending
for scrutiny of the prosecution.
4. Case of petitioners is that they are serving or
working with Punjab State Power Corporation Ltd.
('Corporation' for short) posted at Talwara and Hydro Power
Project Shanan Power House situated at Jogindernagar,
District Mandi, Himachal Prades, is also under the control of
the Corporation through Senior Ex. En. (Protection) Talwara.
On 2.4.2020, Resident Engineer of Shanan Power House
had submitted a Memo (Anexure P-1) to the Ex. En.
(Protection), Talwara, regarding defect in protection system
of the machine in the Power House, with request to depute
a team to visit Shanan Power House immediately for
rectification of the fault so that machine may be
synchronized to meet the rising demand of electric power in
the State.
5. After receiving the complaint/memo from
Resident Engineer, Shanan Power House, petitioners were
deputed to visit Power House and as such they had
CRMMO No.285/2020
...3...
immediately started for the Power House and, on the way,
despite belonging to category of essential services,
exempted from restrictions of Curfew, they were charged
.
for commission of offence.
6. Petitioners have placed on record Instructions
dated 24.3.2020 (Annexure P-4), issued from the Office of
Director General of Police, Himachal Pradesh, wherein it has
been notified that electricity, water and municipal services
have been declared as essential by the Government of
Himachal Pradesh, vide Order dated 23.3.2020, as their
staff was being deployed for rendering uninterrupted
services throughout the State on 24X7 basis and, therefore,
it was directed that Officers and officials of essential
services/departments should not be stopped by the Police
Personnel, rather should be allowed to go to perform their
duties. A Curfew Order dated 24.3.2020, issued by District
Magistrate, Kangra, Himachal Pradeesh, has also been
placed on record as Annexure P-5, whereby Curfew was
imposed in District Kangra with immediate effect from 5
p.m. on 24.3.2020, wherein also electricity, water,
sanitation services, on authorization by SDM, have been
permitted to move during Curfew hours and Hydro Power
Generation has been declared as a project exempted from
CRMMO No.285/2020
...4...
Curfew orders with permission to continue its working. A
communication dated 25.3.2020 (Annexure P-6), issued by
Ministry of Power, Government of India, addressed to all
.
States/UTs' Secretaries, District Magistrates, District
Superintendents, Police Commissioners and Municipal
Commissioners of all States/cities in the entire country has
also been placed on record whereby for operation and
maintenance of inter-State transmission network on 24X7
basis for providing uninterrupted service during the
Nationwide Lockdown from COVID-19 outbreak, it was
requested for allowing their staff to move around and to
also permit movement of Field Engineers at sites, sub-
stations and tower locations for ensuring smooth power
flow. A communication dated 25.3.2020, issued by Ministry
of Power, Government of India, has been placed on record
as Annexure P-7 whereby it was directed that autonomous
and subordinate offices and Public Corporations shall
remain closed during nationwide lockdown for COVID-19
outbreak, except certain essential services, including power
generation and transmission units. An order dated
1.4.2020 (Annexure P-8), issued by District Magistrate
Mandi, Himachal Pradesh, has also been placed on record
wherein it is stated that Curfew passes shall not be issued
CRMMO No.285/2020
...5...
to employees of essential services and they shall carry their
Office/Departmental Identity Cards while on duty to
establish their identity when asked to do so on any Naka.
.
7. Petitioners have also placed on record
photocopies of their Identity Cards as well as Curfew Passes
issued by Government of Punjab as Annexure P-9 (Colly). A
Certificate dated 21.7.2020, issued by Deputy Chief
Engineer, O&M Circle, MHP, PSPCL Talwara, has also been
placed on record as Annexure P-11, wherein it is certified
that petitioners were deputed to attend the fault of Unit
No.5 (50 MW) of Shanan Power House, Jogindernagar, on
2.4.2020. An order passed by ACJM, Palampur, releasing
the vehicle involved in the case has also been placed on
record as Annexure P-12, wherein after taking into
consideration the police record, it has been observed that
Corporation is providing essential services in the field of
electricity.
8. From aforesaid documents, it is apparent that
except carrying Identity Cards, petitioners were not
required to carry Curfew Passes etc. with them. Though in
reply filed on behalf of respondents-State it has been stated
that petitioners were not carrying any proof of their
Identity, apart from not having Curfew Passes, however,
CRMMO No.285/2020
...6...
neither in the FIR nor in the Status Report filed at first
instance in present case, it has been mentioned that
petitioners were not having their Identity Cards when their
.
vehicle was intercepted by the police but only allegation
against the petitioners is that they could not produce any
valid permission to move themselves or movement of their
vehicle during Curfew. Therefore, the allegation that the
petitioners were not carrying their Identity Cards appears to
be an afterthought to justify registration of FIR. It is evident
from the circulars, memos, instructions issued by and the
orders
passed by various authorities/Departments/
Magistrates during nationwide lockdown, that movement of
persons, performing their duty/job under essential services,
was permissible for their job with Identity Card only.
Nothing has been brought on record requiring registration
of FIR against petitioners for their movement on the day of
incident without Curfew Pass.
9. For the material on record, I am of the
considered opinion that Curfew pass was not necessary for
the petitioners being employees of essential services
Department deputed to rectify the fault in Hydro Power
General Project. Therefore, registration of FIR, on this
count, was unwarranted and deserves to be quashed.
CRMMO No.285/2020
...7...
10. In view of above, FIR No.52 of 2020, dated
3.4.2020, registered in Police Station, Palampur, District
Kangra, Himachal Pradesh, is quashed and as a result
.
consequential proceedings arising thereto are also
quashed.
11. Petition is allowed in aforesaid terms.
12. Copy dasti.
Petitioners are permitted to produce a copy of
this judgment, downloaded from the web-page of the High
Court of Himachal Pradesh, before the authorities
concerned, and the said authorities shall not insist for
production of a certified copy.
( Vivek Singh Thakur )
March 6, 2021(sd) Judge.
