Criminal proceedings under the Karnataka Epidemic Diseases Act require a valid notification under Section 4; absence thereof nullifies any alleged offences.

ORDER :

1. The petitioners are before this Court seeking the following prayer:

"Wherefore, the Petitioners above named most humbly prays that this Hon'ble Court be pleased to quash the entire proceedings in Crime No.11 of 2022 registered Basavakalyana Town Police station Bidar, by the Respondent No.1 Police and C.C.No.67 of 2022 registered for offences under Sections 269 & 271 of the Indian Penal Code, 1860 and Section 5 (3A) of the Karnataka Epidemic Diseases Act, 2020, against the Petitioner, pending on the file of the Learned Civil Judge & JMFC, Basavakalyana in the interests of justice and pass any other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of justice and equity."

2. Heard Sri. Narasimhan S. learned counsel appearing for the petitioners and Sri. B.N. Jagadish, learned Addl. SPP appearing for respondent No.1 and have perused the material on record.

3. The petition is preferred by accused Nos.2 to 14.

4. Learned counsel appearing for the petitioners submits that issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.6495/2023 dated 24.08.2023, wherein it has held as follows:

"1. The petitioner is before this Court seeking for the following reliefs:

(i) Quash the final report as against the petitioner/ accused No.1 filed by the respondent Police in Crime No.11 of 2022 registered by respondent No.1 registered for offences under Sections 269 & 271 of the IPC , 1860 and Section 5 (3A) of the Karnataka Epidemic Diseases Act, 2020 before the learned Civil Judge & JMFC, Basavakalyan as per Annexure-D.

(ii) Quash the FIR in Crime No.11 of 2022 as against the petitioner / accused No.1 for the offences punishable under Sections 269 & 271 of the IPC, 1860 and Section 5 (3A) of the Karnataka Epidemic Diseases Act, 2020 filed by respondent No.1 Police as per Annexure-A, pending before the 42 ACMM Court, nd Bengaluru.

(iii) Quash the proceedings in C.C. No.8434 of 2023 against the petitioner / accused No.1 registered for the offenses punishable under Section 269 & 271 of the IPC, 1860 and Section 5 (3A) of the Karnataka Epidemic Diseases Act, 2020 pending before the learned 42nd ACMM (Special Court constituted for adjudication of offences registered against MLAs & MPs).

(iv) Pass such other relief as this Hon’ble Court deems fit to grant on the facts and circumstances of the case.

2. Learned counsel appearing for the petitioner submits that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.3328/2023 , dated 16.6.2023, wherein this Court has held as follows:

“The petitioner is before this Court calling in question registration of crime in Crime No.3 of 2022 for offences punishable under Section 5 (3A) of the Karnataka Epidemic Diseases Act, 2020 r/w. Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘the Act’ for short), as also the charge sheet filed by the Police on 03-02-2022 in C.C.No.1663 of 2022 before the I Additional Civil Judge (Junior Division) & JMFC, Kanakapura for the aforesaid offences.

2. Facts, in brief, germane are as follows:-

The petitioner is the President of the Karnataka Pradesh Congress Committee. A complaint comes to be registered by the Child Development and Protection Officer, Kanakapura Taluk, Ramanagara District on 12-01-2022 alleging that the petitioner /President had organized a rally pertaining to Mekedatu issue and on 10-01-2022 between 11.30 a.m. and 12.30 p.m. visited Vishwodaya High School located in Krishnayyana Doddi Grama, Kanakapura Taluk. During the visit to the school, accused No.2, Head Master of the School in order to enable the children of the school to take a picture w