Authority: High Court of Gujarat at Ahmedabad

Order Date: 16/07/2026

Case Overview

  • Petitioners: Santoki Shantanu Vitthalbhai & Anr, owners of SS Glass and Steel businesses operating under the names \"Manas Steel\" and \"Balkrushna Stamping\" in Rajkot district.
  • Respondents: State of Gujarat & Anr.
  • Petition filed under Section 482 CrPC seeking quashal of FIR CR No.11215035200485/2020 registered on 13 May 2020 at Umreth Police Station, Anand district.
  • FIR alleged offences under IPC Sections 269, 308, 188, 417 read with Section 51(b) of the Disaster Management Act for transporting 18 workers in an Eicher container to Uttar Pradesh during the COVID‑19 lockdown.
  • Petitioners contended they were unaware of the transport, that the driver Amrutlal Yadav and container owner acted without their knowledge, and that no evidence (e.g., call records) links them to the act.
  • Respondent argued that statements of 104 persons in the container show petitioners’ involvement, establishing a prima facie case.

Legal Reasoning

  • Court relied on the judgment in Devendrakumar Vs. State of Delhi (2025 INSC 1009) interpreting Section 195(1)(a)(i) of the CrPC, which bars courts from taking cognizance of offences listed in Sections 172‑188 of the IPC unless a written complaint by the concerned public servant is filed.
  • The court held that the offences alleged (269, 308, 188, 417 IPC with Disaster Management Act) fall within the ambit of Section 195(1)(a)(i) because they involve alleged violation of a lockdown order issued by a public servant.
  • Accordingly, the offences cannot be split, and proceeding on other distinct offences would circumvent the statutory protection of Section 195.
  • Since no written complaint by a public servant was presented, the court lacked jurisdiction to take cognizance.

Final Outcome

  • The petition is allowed.
  • FIR CR No.11215035200485/2020 and all consequential proceedings against the petitioners are quashed and set aside.
  • The order is made absolute.

Topics: Legal Quash, Section 195 Bar, COVID‑19 Labour Transport