Team Herald
PANJIM: A Russian juvenile, booked for violating COVID-19 induced lockdown measures in May 2020, has been granted relief by the High Court of Bombay at Goa that quashed proceedings against him at Juvenile Justice Board.
The 16-year-old, who arrived in Goa on November 4, 2019 with his family, was stuck due to pandemic. They lived at Arambol, Pernem. During this period, on May 17, 2020; the Pernem Police lodged a complaint against the juvenile on allegations that he along with three other juvenile and one adult formed an assembly of five persons and were caught drinking alcohol publicly.
The police report also mentioned that the group caused public nuisance while nationwide lockdown was in force and hence, “committed negligent act knowing that they are likely to spread COVID-19 infection endangering lives of the people and disobeyed the order under Section 144 of CrPC, issued by the North Goa District Collector, and committed offence punishable under Section 188, 269, 290 read with 34 of IPC.”
The juvenile was handed over to his parents after serving a brief period of detention whilst a charge sheet was also filed against him.
The Russian approached the JJB seeking to quash the proceedings against him, which was declined following which he approached the High Court for relief.
The Bench of Justice M S Jawalkar observed, in the personal history that is “Social Background Report” discloses that there is no any history of addiction to drug, alcohol etc. and there was nothing on record to show any alcohol was seized from their custody.
“Even in the statement of the villagers no mention of any nuisance. Thus, the allegations even if considered at their face value and accepted in entirety, do not prima facie make out any offence or make out a case against the child in conflict with law. Secondly, the Court is clearly barred of taking any cognizance of the offence under Section 188 of IPC in absence of complaint in writing by the public servant concerned, that is, who promulgate order. When there is expressed legal bar to the institution of the proceedings the proceedings itself are liable to be quashed and set aside,” the Bench observed.
In the order, Justice Jawalkar stated that compelling the applicant to undergo the proceedings would cause great injustice and therefore, it quashed the proceedings pending before the JJB along with FIR against the juvenile.
