Case Note & Summary
The present application was filed by Fazal Mohammad Jusabji Khatri, a Deputy Executive Engineer, seeking quashing of FIR No. C. R. 1121101520051 of 2020 registered with Dhangadhra City Police Station for offences under Section 188 of the Indian Penal Code (IPC) and Section 56 of the Disaster Management Act, 2005. The FIR was lodged by Uday Lalitprasad Dave, In-charge Executive Engineer, alleging that the applicant had been absent from duty since 20/03/2020 without prior sanction and despite telephonic instructions and a WhatsApp notice from the District Development Officer, he failed to report to duty. The applicant contended that the order to report to duty was not an order duly promulgated by a public servant as required under Section 188 IPC, and that the FIR was filed maliciously due to departmental disputes. The court examined the ingredients of Section 188 IPC, which requires that the order disobeyed must be 'duly promulgated' by a public servant. The court noted that the order was communicated via WhatsApp and telephonic calls, which does not meet the requirement of promulgation. Similarly, for Section 56 of the Disaster Management Act, the order must be one made under the Act, whereas the order in question was a departmental instruction. The court held that the essential ingredients of the offences were not satisfied, and the FIR was liable to be quashed to prevent abuse of process of law. The court allowed the application and quashed the FIR.
Headnote
A) Criminal Law - Quashing of FIR - Section 188 IPC - Order Duly Promulgated - The offence under Section 188 IPC requires disobedience of an order duly promulgated by a public servant. In the present case, the order to report to duty was communicated via WhatsApp and telephonic instructions, which does not constitute a 'duly promulgated' order as required by law. Held that the FIR is liable to be quashed as the essential ingredient of the offence is missing. (Paras 1-20) B) Disaster Management Act - Section 56 - Violation of Order - The offence under Section 56 of the Disaster Management Act, 2005 requires violation of an order made under the Act. The order to report to duty was not an order under the Disaster Management Act but a departmental instruction. Held that the FIR under Section 56 is also not maintainable. (Paras 1-20)
Issue of Consideration
Whether the FIR for offences under Section 188 IPC and Section 56 of the Disaster Management Act, 2005 can be quashed when the order allegedly disobeyed was not promulgated by a public servant as required under Section 188 IPC.
Final Decision
The court allowed the application and quashed the FIR No. C. R. 1121101520051 of 2020 registered with Dhangadhra City Police Station for offences under Section 188 IPC and Section 56 of the Disaster Management Act, 2005.
Law Points
- Section 188 IPC requires disobedience of an order duly promulgated by a public servant
- Section 56 of Disaster Management Act requires violation of an order made under the Act
- Quashing of FIR when ingredients of offence are not satisfied
