Senior Akali leader Anil Joshi today approached the Punjab and Haryana High Court for quashing an FIR registered against him under the provisions of the Disaster Management Act, the Epidemic Diseases Act and the IPC in Amritsar. Taking up the matter, Justice Vikas Bahl of the High Court put the state on notice and stayed the proceedings before the trial court.
The FIR was registered on August 31, 2021, under Sections 188, 269 and 270 of the IPC, besides other Acts. Section 188 deals with deliberate disobedience of an order duly promulgated by a public servant empowered by law.
Among other things, the petitioner stated that he served the people at large and gained popularity during the Covid pandemic, “due to which the then ruling party MLA started a vendetta against the petitioner” and his staunch supporter.
A perusal of the FIR showed that prima facie no offence was made out against the petitioners and the same was gross abuse of the process of law. “It has been repeatedly held by the court that Section 188 of the IPC is not attracted when there is no obstruction or annoyance or injury to any person, and in view of the provision of Section 195 of the CrPC, no court shall take cognisance of any offence punishable under Section 172 to 188 of the IPC, except on the complaint in writing of a public servant concerned or other public servant administratively empowered,” he added.