JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Being aggrieved and dissatisfied with the initiation and/or continuation of the proceeding being G.R. case No. 672 of 2021, pending before the court of Learned Additional Chief Judicial Magistrate, Raghunathpur, District Purulia, present application has been preferred under section 482 of the code of Criminal procedure praying for quashing the same. One Asha Mondal Roy on 23.09.2021 filed a written complain alleging that in the evening of that date she went to market for shopping, where she found the present petitioners claimed themselves as Dhannantari (expert doctor) were dissuading and leading common people at Santuri market, stating that many people died due to administering vaccine used to combat Corona virus Disease of 2019 (in short COVID). They also requested people in that area not to take COVID vaccine because the COVID patients can only recover by the treatment prescribed by them. It has been further alleged in the complain that hearing this, people of that locality got frightened about COVID vaccination. They (Petitioners herein) also distributed some leaflets in order to misguide the people and their only object was to earn by illegal means, propagating their fake medical treatment. With the help of such false propagation, they have misguided people, which may create tension in the locality.

2. On the basis of the said written complain police initiated the proceeding against the present petitioners under sections 188/153/417/419/505/506/120B/34 of the Indian Penal Code (in shout IPC) read with 51 (B) and 54 of the National Disaster Management Act, 2005 (in shout Act of 2005). After completion of investigation police submitted charge-sheet under the aforesaid sections against the petitioners herein.

3. Mr. Arunangshu Chakraborty learned counsel appearing on behalf of the petitioners submits that even assuming not admitting that the petitioners asked the people not to take COVID vaccine, then how the same can be treated as cheating or impersonation or conspiracy, specially when freedom of expression is guaranted under article 19 of the Constitution of India. He further submits that the leaflet attached with the FIR clearly shows that it referred two qualified doctors and nutritionists for free consultation and it is not understandable how an attempt to creat awareness about side effects of COVID vaccination and/or to give advice to consult qualified doctors and nutritionists prior to go for Vaccination, can be treated as an offence under the IPC or under the Act of 2005. He further submits that unfortunately the Magistrate had taken cognizance upon charge-sheet, though no case has been made out under any of the provisions of the said statutes. The learned magistrate without caring to apply his mind to the allegations, as well as so called material evidence collected in support of the charge-sheet, which comprises of a hand bill, one white colour maruti van (ambulance) and one permission copy of Searite Hospital and welfare society Bakhrahat, south 24 Parganas, had taken Cognizance of the offence. Taking of Cognizance on the basis of aforesaid documents, which were seized by police in support of prosecution case, only indicates non-application of mind by learned magistrate. In fact out of two leaflets one leaflet only states how one can get himself cured without medicine from COVID by following certain procedure and taking sufficient food. Invitation was also made through the leaflet that one may take advice free of cost and details of which was referred through website link.

4. Mr. Chakraborty further submits that Government of India filed an affidavit in Supreme Court in connection with writ petition civil no. 580 of 2021 wherein the health department, Government of India submitted that administering of COVID Vaccine and using of mask merely advisory and not mandatory. The other leaflet which has been distributed pertains to the untimely death of two young ladies who died due to si