SRINAGAR, Apr 5: The High Court of Jammu Kashmir and Ladakh has refused to quash an FIR registered during the COVID-19 lockdown against a Bandipora resident, holding that the plea was premature as the case was still at the pre-cognizance stage.
Justice Shahzad Azeem, while dismissing a petition filed by Mushtaq Ahmad Ganie, observed that inherent powers under Section 482 of the Criminal Procedure Code cannot be invoked routinely, particularly before the trial process begins.
The FIR dates back to April 2020, when strict restrictions under Section 144 CrPC were in force in Bandipora to contain the spread of COVID-19. According to the prosecution, the petitioner and others were found violating movement restrictions and allegedly failed to justify their presence when intercepted by police. The case also includes allegations of assault on police personnel on duty.
The petitioner had claimed that he was a journalist returning home and had been falsely implicated. However, the court noted absence of material to support his claim or any exemption allowing movement during the lockdown.
Addressing the argument regarding Section 195 CrPC and provisions of the Disaster Management framework, the court clarified that while cognizance of certain offences requires a formal complaint by a competent authority, there is no bar on registration of an FIR or investigation. It also noted that a complaint had already been filed by the District Magistrate, Bandipora.
“The petitioner has approached this Court prematurely at the pre-cognizance stage,” the court observed, adding that such objections can be raised before the trial court at the appropriate stage.
The court emphasised that issues relating to validity of charges, applicability of provisions, and sufficiency of evidence fall within the domain of the trial court and cannot be examined under inherent jurisdiction at this stage.
Finding no merit in the plea, the High Court dismissed the petition and directed the trial court to proceed with the matter expeditiously, clarifying that its observations shall not affect the merits of the case during trial. (KDC)
