JUDGMENT

T.V. Nalawade, J. - Rule. Rule made returnable forthwith. By consent, heard both the sides for fnal disposal.

2. The frst proceeding bearing Criminal Writ Petition No. 548/2020 is fled for relief of quashing of F.I.R. No.131/2020 registered in Jamamkhed Police Station, Tahsil Jamamkhed, District Ahmednagar and also for relief of quashing of the chargesheet which is fled in this crime. The second proceeding bearing No. Criminal Writ Petition No. 554/2020 is fled in C.R. No. 197/2020 registered in Newasa Police Station, Ahmednagar and the relief of quashing of the F.I.R. and case fled in the C.R. is claimed. The last proceeding bearing Criminal Writ Petition No. 552/2020 is fled in respect of C.R. No.496/2020 registered in Ahmednagar Camp Police Station, District Ahmednagar and similar reliefs are claimed. The chargesheets are fled in these crimes for ofences punishable under sections 188, 269, 270, 290 of INDIAN PENAL CODE (hereinafter referred to as 'I.P.C.' for short), sections 37 (1)(3) r/w. 135 of MAHARASHTRA POLICE ACT , 1951 and section 11 of Maharashtra Covid-19 Measures and Rules, 2020, sections 2, 3 and 4 of EPIDEMIC DISEASES ACT , 1897, section 14 (b) of FOREIGNERS ACT , 1946 and section 51(b) of the Disaster Management Act, 2005.

3. In Criminal Writ Petition No. 548/2020 the petitioners No. 1 to 10 are foreign nationals and petitioners No. 11 to 14 are Indian nationals. F.I.R. was given by the police constable for the State. In the frst matter, it is his contention that on 25.3.2020 he and his colleagues were doing patrolling duty and the duty involved taking the steps for prevention of spreading of Covid-19 virus. It is his contention that they had received secret information that in Kazi Masjid of Jamamkhed, some foreign nationals and Indian nationals were present and they were ofering Namaz in the Masjid. It is his contention that they reached at Masjid at 20.45 hours and noticed that all the petitioners were present in the Masjid and they were together and they were ofering Namaz. It is contended that these Muslim persons were also performing religious rites and giving speeches on the thoughts, on the philosophy of Muslim religion. It is contended that the foreign nationals had come on tourist visa, but they were found involved in such religious activity and they had committed breach of the order issued by District Collector. In respect of incident dated 25.3.2020, F.I.R. No. 131/2020 was given on 5.4.2020.

4. In Criminal Writ Petition No. 552/2020 petitioners No. 1 to 9 are foreign nationals and petitioner Nos. 10 and 11 are Indian national. In this case also, the F.I.R. was given by one police constable. Similar contentions were made by him like the contentions made in previous F.I.R. by the other police station. According to him, he and his colleagues were doing patrolling duty on 30.3.2020 and they had received information that in Mehraj Masjid of Mukundnagar, Ahmednagar, there were nine foreign nationals and two Indian nationals and the trustees of the Masjid had given shelter to foreign nationals. According to him, they visited this Masjid on 30.3.2020 and they noticed that the trustees of Masjid had given shelter to foreign nationals. It is contended that on the same day, F.I.R. was given by him against the trustees for their act and C.R. No. 496/2020 was registered under sections 188, 269, 270 and 290 of I.P.C. and also under section 37 (1)(3) of MAHARASHTRA POLICE ACT for breach of the order made by the Collector. It is contended that these foreign nationals had come on tourist visa, but they were found spreading Muslim religion by giving speeches in Masjid. It is contended that there was the information that these foreign nationals had participated in the congregation in Markaj Nizamuddin Delhi and they had committed breach of lock down order issued by Collector, Ahmednagar. In respect of incident dated 30.3.2020 separate F.I.R. was given against petitioners on 4.4.2020 by police and the crim