Uttarakhand High Court
C482/1569/2023 on 17 March, 2026
2026:UHC:1885
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C-482 No.1569 of 2023
Hon'ble Alok Mahra, J.
Mr. B.M. Pingal, learned counsel for
the applicant.
2. Mr. K.S. Bora, learned Deputy A.G.
along with Mr. Dinesh Chauhan, learned
A.G.A. for the State.
3. Present application under Section
482 of the Code of Criminal Procedure
has been filed seeking quashing of the
charge-sheet as well as the
summoning/cognizance order dated
05.02.2021 passed by the learned
Additional Chief Judicial Magistrate,
Ramnagar, District Nainital in Criminal
Case No. 338 of 2021, whereby the
applicant has been summoned to face
trial for the offences punishable under
Sections 201, 269, 270 and 307 I.P.C.
4. Learned counsel for the applicant
would submit that respondent no.2
lodged an F.I.R. on 13.06.2020 under
Section 51(b) of the Disaster
Management Act, 2005 and Sections
188, 201, 269, 270 and 307 I.P.C.,
alleging that the applicant, who was kept
in institutional quarantine at Corbett
Kingdom, had not informed the
authorities about his COVID-19 positive
report and thereby created a risk of
spreading the COVID-19 pandemic. After
2026:UHC:1885
investigation, a charge-sheet was
submitted and the learned trial court
took cognizance and summoned the
applicant.
5. It is submitted that the applicant
was working and residing in Delhi and
his native place is Ramnagar, District
Nainital; that, due to the rapid spread of
COVID-19 cases in Delhi, the applicant
decided to shift his family to his native
place; that, before leaving Delhi, the
applicant voluntarily gave his sample for
RT-PCR test on 09.06.2020 at Shanti
Mukund Hospital. However, the result
was not communicated to him at that
time.
6. Learned counsel further submits
that on 11.06.2020 the applicant, along
with his wife and two children, reached
Ramnagar and voluntarily reported at
the Government Hospital/Quarantine
Centre at Degree College, Ramnagar as
per the COVID-19 protocol; that,
thereafter, the applicant and his family
were kept in institutional quarantine at
Corbett Inn, which had been designated
as a quarantine centre by the District
Administration.
7. It is further submitted that on
13.06.2020 the applicant contacted his
friend in Delhi to enquire about his RT-
PCR report and then came to know that
the report was positive; that,
Immediately thereafter, the applicant
informed the medical authorities, upon
2026:UHC:1885
which he was shifted to another
quarantine centre and remained in
quarantine from 13.06.2020 to
30.06.2020. After medical examination,
the doctors found him to be
asymptomatic.
8. It is also submitted that after
discharge from the quarantine centre on
30.06.2020, the applicant remained in
home quarantine for further precaution
and later resumed his duty at Delhi.
Learned counsel contends that the
applicant had followed all COVID-19
protocols and had voluntarily reported
himself to the authorities; therefore, no
offence is made out against him.
9. Learned counsel for the applicant
would further submit that the
Government has also issued
notifications during the pandemic period
for withdrawal of certain cases registered
in relation to COVID-19 restrictions.
10. Learned State counsel opposed the
application.
11. Having considered the submissions
and perused the record, it appears that
the applicant had voluntarily reported at
the quarantine centre and had complied
with the COVID-19 guidelines. There is
nothing on record to show any deliberate
or negligent act on the part of the
applicant which could attract the
offences alleged.
12. Accordingly, the present application
2026:UHC:1885
under Section 482 Cr.P.C. is allowed.
The summoning/cognizance order dated
05.02.2021 passed by the learned
Additional Chief Judicial Magistrate,
Ramnagar, District Nainital in Criminal
Case No. 338 of 2021 under Sections
201, 269, 270 and 307 I.P.C. is hereby
quashed.
13. Pending applications, if any, stand
disposed of accordingly.
MA
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND, (Alok Mahra, J.)
MTA
17.03.2026
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Mamta 9a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d
RANI
9cabfd54852c9e68911ca8b66
dd26690a191648ab5d8dd00
4ef0, cn=MAMTA RANI
Date: 2026.03.19 15:05:45
+05’30’