• FIR under Section 188 and 269

When I and my two neigbhours were going to Santhekkate at around 10:30 AM to purchase some grocery, medicine and gas. On the way, near Kemmannu we were blocked by Udupi circle Inspector and he asked us where were we going, when I said we were going to purchase Daily needs, medicine and gas,
He started abusing us using vulgar words, then he said to wait and called Malpe Sub Inspector

Malpe SI came and took us to Malpe Police station and made Preventive Arrest till 5 PM and Booked us Under section 188 and 269 of Indian Penal code. Our Car also in Custody

Requesting to guide on What further action to be taken over this case.
Asked 4 years ago in Criminal Law
Religion: Muslim

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18 Answers

Problem is in the name of police protection, police is misusing power also. You must be aware of videos receiving on what's app. Due to so many unwanted peoples on road, some genuine inhabitants are also facing problem. Present moment is very much vulnerable, so till this epidemic will not over come, your prayer will not be answered. You can give written complaint to collector office. 

Since, matter is not of urgent nature, so court will not entertain your mercy plea till lock down effective. Later when society will resume its normal course than can approch high court for quash of FIR. 

And lock this, dont argue any police men. They are with big responsibility to keep markets deserted, so can go any extant to misuse the authority given.

 


Courts are only taking up urgent cases, car may not release till this mess up going on. Consult local lawyer if your state lower courts are entertaining applications to release the vehicle on condition.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Hello,

There is two way one is to accept guilty and release the vehicle by giving a bond, and another is to challenge the police attrocity before the high court which is quite difficult in this situation.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

It's an illegal arrest. You can go for quashing in high court. You were out to purchase essential commodity they can't invoke 188 in those conditions. And for 269 you should have knowledge of you being infected. In both conditions this sections are not applicable in your case. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

See at this instance since you are released you can apply before magistrate for release of your vehicle though since courts are closed you have to wait till lockdown situation is over. Since it's an false FIR you need to file quashing petition before high court to quash same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You are allowed to go out for purchase of essential groceries and medicine . However 3 persons cannot go together as It would be violation of curfew 

 

2) section 269 of IPC provides 

 

Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

3) it has to be proved that negligent act  was done by an individual, establishment or government which is likely to spread infection dangerous to life and no precautions were taken,

 

4) it is bailable offence 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. In the wake of absolute lock down venturing out of home is an offence.

2. However there is exemption if you could show the medical emergency.

3. I am sure you failed to do this.

4. So the present action to be done is to get bail and then contest the case on merit. 

Police has done no wrong.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. IF you have already been booked, THEN matter would go to Magistrate Court, for proceedings, wherein you would be penalized for violating the Curfew /Lock-Down orders issued by the Central Govt.

2. You can inform the Magistrate that you ventured out for essential food and medicines and that you may be pardoned.  The magistrate would consider the same and let you off with only penalty and not give you any jail term.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. you can apply before the concerned magistrate for release of your vehicle,  though, courts are closed you have to wait till lockdown situation is over.

2. you can approach the high court to quash the same.

3. alternatively, you can defend the case in the trial court, if not quashed

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Hi

Nothing

Sit at home till lockdown is over and then get bail done for yourself and contest the case.

After this corona thing is over you can confess in court and then court will put some fine on you and let you free.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You are allowed / permitted to purchase grocery, medicine basic necessities subject to following orders.  In your case you were three people. 

Who ever disobeys / causes obstruction to orders they shall be  punished with imprisonment for six months, or with fine or with both.

In your case, you were negligent which act of yours likely to cause spread infection / disease (Covid-19 / Corona), as such, they have retained you as a precautionary measure.  After subsiding the above virus appropriate orders will be given by government, accordingly it can be followed.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

In the present circumstances, you are suggested to make requests (may be online) to senior officials regarding said action of police and request for lifting of case, if any and release of car. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Section 188 in The Indian Penal Code

 

188. Disobedience to order duly promulgated by public servant.—

 

Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

 

 

 

 

Explanation.—

 

It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

 

 

 

 

Illustration

 

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street.

A knowingly disobeys the order, and thereby causes danger of riot.

A has committed the offence defined in this section.

 

 

 

 

 

 

Section 269 in The Indian Penal Code

 

269. Negligent act likely to spread infection of disease dangerous to life.—

 

Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

 

 

 

 

 

Both the offences are bailable   and cognizable offences;

 

You may pay fine amount and get out of the case when you are summoned by a notice through police or court.

You can wait for the court to reopen and file an admission petition.

You should have been careful while going out especially during this period 

The above sections have been imposed against plenty of people across the country so far after the lock down was announced recently.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear Sir,

Both are not so serious and preventive measures. You may approach higher police officers and get release the vehicle. If not release then approach the Court which has to function 24x7 to release the vehicle. Further you may approach HC to quash the FIR.

188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

269. Negligent act likely to spread infection of disease danger­ous to life.—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Get the car released on superdari  after lockdown.   It is a bailable offence.  On receipt of summon from the court, you have to appear in the court and get your bail.   In case you plead guilty, you would be fined Rs.200/- and discharged.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

If can see the copy of the FIR and Complaint i can advise much better. But from the above facts i advise you to approach High Court under Section 482 of the CrpC to quash the FIR against you as you had gone to purchase essential items.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

1. They will now produce you before court when court will start functioning.

2. There you will have two choices either to confess and pay fine or penalty which court put on you or you can claim trial and prove that you were innocent as administration have allowed citizen to go out for necessities.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Till this situation gets over you wouldn't be able to take back your car as the courts are closed. Now you should wait and when the courts open you should file for quashing the fir or anticipatory bail.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

According to section 269 of Indian penal code, Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

According to section 188 of Indian penal code, Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both. 

it is bailable offence, no need to worry due to lockdown police  taking action against Violters. 

You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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