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2017 DIGILAW 1718 (RAJ)

VIKRAM SINGH v. STATE OF RAJASTHAN

2017-08-03

PUSHPENDRA SINGH BHATI

body2017
ORDER : Pushpendra Singh Bhati, J. This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred against the order dated 15.07.2013 passed by learned Metropolitan Magistrate, Jodhpur Metro in Criminal Regular Case No. 520/2013, whereby the learned court below has proceeded to take cognizance against the petitioner for the offence under Section 269 IPC as well as for quashing of the proceedings against the petitioner. 2. The present complaint has been filed under Section 156(3) Cr.P.C., 1973 against the accused persons for operating the flour mill in the residential premises, in which spices, like coriander, turmeric, chilly, as well as wheat flour were being grind-ed. 3. Learned counsel for the petitioner stated that the petitioner had proper trade license from the Municipal Corporation in the name of 'Gyan Masala & Aata Udyog'. 4. The allegation was that on account of operation of the mill/pulvariser/flour mill/spices mill, the family members of the complainant have suffered many diseases. A negative final report was filed upon investigation, and thereafter, the protest petition was filed by the respondent, and on examination of four witnesses, cognizance was taken by the learned court below against the petitioner under Section 269 IPC vide order dated 15.07.2013. 5. Learned counsel for the petitioner has pointed out the definition of Section 269 IPC, which reads as under:- "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." 6. As per learned counsel for the petitioner, the act of grinding or operating mill pertaining to flour or spices does not spread any infection or diseases dangerous to life, and with a simple common sense, the consumable items cannot be the necessary ingredient of spreading infection or diseases dangerous to life. 7. Learned counsel for the respondent stated that the act of the petitioner is wholly illegal, as the petitioner was not legally entitled to run such flour mill/spices mill. Learned counsel for the respondent also stated that the act of the petitioner and other accused persons causes tuberculosis to the family members of the respondent. 7. Learned counsel for the respondent stated that the act of the petitioner is wholly illegal, as the petitioner was not legally entitled to run such flour mill/spices mill. Learned counsel for the respondent also stated that the act of the petitioner and other accused persons causes tuberculosis to the family members of the respondent. Learned counsel for the respondent further stated that the tuberculosis is an infectious disease and also dangerous to life, and therefore, the act of the petitioner comes within the purview of Section 269 IPC. 8. Learned counsel for the respondent also pointed out from the impugned order that the illegal business being carried out in a densely populated residential area by heavy duty machines, in itself, is resulting into spread of serious diseases. Learned counsel for the respondent further pointed out that seven years old child in the family of the respondent is suffering from tuberculosis on account of such pollution being caused. 9. Learned counsel for the respondent also pointed out that the guidelines issued by the Rajasthan State Pollution Control Board and many other associated laws clearly prohibit any such activity in the residential area. Learned counsel for the respondent further pointed out that the norms of the Municipal Corporation are also violated by running such activities. 10. Learned counsel for the respondent also pointed out that both the parties belong to a single family and the property in question is a common property being enjoyed by both of them, and since the petitioner and some of his family members are engaged in such activities, therefore, it is causing serious health hazards to the family of the respondent. 11. After hearing learned counsel for the parties and perusing the record of the case along with the impugned order, this Court is of the opinion that Section 269 IPC is pertaining to an unlawful or a negligent act, which is likely to spread infection or diseases dangerous to life. 12. However, without going into the legality of the act in accordance with the norms of the Rajasthan State Pollution Control Board or any other norms, this Court is only adjudicating the issue of taking cognizance by the learned court below against the petitioner under Section 269 IPC. Thus, the present adjudication is limited to the ambit of Section 269 IPC, without prejudice to the rights of either of the parties or any other laws. Thus, the present adjudication is limited to the ambit of Section 269 IPC, without prejudice to the rights of either of the parties or any other laws. 13. Thus, this Court is of the opinion that admittedly the mill/pulvariser is pertaining to spices and flour, which are humanly as well as daily consumable food items. The legislative purport of Section 269 IPC was to contain the acts, which could spread infection or diseases dangerous to life, attributable to a single person. 14. It is apparent on the face of the record as well as the impugned order that the act of the petitioner does not amount to spreading infection or diseases dangerous to life. Though the suffering of tuberculosis by the family members of the respondent has been brought on record, but to say that causing of the tuberculosis was attributable to the concerned mill is highly improbable and cannot be believed for launching any criminal proceeding for spreading infection or diseases dangerous to life. 15. Moreover, the purport of Section 269 IPC is not pertaining to cause of infection, but it is about spread of infection. Therefore, by no stretch of imagination, it can be construed that running flour mill/spices mill would lead to spread of infection. 16. Admittedly, the items used are humanly consumable food materials, and therefore, the same cannot be said to be causing spread of infection or diseases dangerous to life. Thus, the order passed by the learned court below taking cognizance against the petitioner under Section 269 IPC is, on the face of it, illegal and beyond the scope of Section 269 IPC. 17. In light of the aforesaid discussion, the present misc. petition is allowed and thereby, the impugned order dated 15.07.2013 passed by learned Metropolitan Magistrate, Jodhpur Metro in Criminal Regular Case No. 520/2013 taking cognizance against the petitioner for the offence under Section 269 IPC is quashed and set aside. The stay application also stands disposed of.