Hon'ble Shamim Ahmed,J.

1. Heard Shri Manuvendra Singh, learned counsel for the applicants, Shri Ashok Kumar Singh, learned A.G.A-I for the State-opposite parties and perused the material placed on record.

2. The instant application under Section 482 Cr.P.C . has been filed on behalf of the applicant, namely- Ashish Kumar Tiwari @ Rahul and 27 others with a prayer to stay the cognizance and summoning order dated 13.09.2022 passed by the court of Civil Judge (Senior Division) / F. T. C. IInd Pratapgarh, which has been taken on the charge sheet dated 06.08.2022, arising out of the Case Crime No.0106 of 2021, under section 143, 147, 281, 283, 188, 269, I.P.C. & 51(b) Disaster Management Act, 2005 , Police Station Kohandaur, District-Pratapgarh with a further prayer seeking any other order or direction this Court may kindly pass.

3. Learned Counsel for the applicants submitted that a First Information Report (FIR) was lodged at the police station Kohandaur Pratapgarh by opposite party no.2, on 30.05.2021 at 23:31 and as per Prosecution Story information was received through an informer that some people are going to take out a candle march from Shivpur Khurd and block the road of Kohandaur, Kandharpur in front of Shivpur village regarding the arrest of the accused related to the murder of Arvind Dubey in village Shivpur Khurd. On the information, the opposite party No.2 left from Kandharpur with his associates and reached village Shivpur Tiraha and saw that the accused persons alongwith 50-60 persons (name and address unknown) from village Shivpur Khurd were violating the Covid-19 guidelines without following social distancing and without permission people were coming carrying placards with anti-police and anti-police slogans in their hands and raising anti-police slogans. When they saw police coming to Shivpur intersection they sat on the road going to Kohdaur Near Khushhali Baba Temple and blocked the Kandharpur Road.

4. Learned Counsel for the applicants further submitted that the statement of the complainant was recorded by the investigation officer under section 161 Cr.P.C . in which the complainant reiterated the same version of the FIR dated 30.05.2021.

5. Learned Counsel for the applicants further submitted that the statement of the witnesses namely Constable Amit Kumar PNO 192612874, Cons.

Vivek Pratap Kushwaha, PNO 192612630, Sub Inspector Virendra Kumar Tripathi PNO- 880897817, & Sub Inspector Vijay Kumar PNO-0902340147, have been recorded by the Investigating Officer under section 161 Cr.P.C . their statements were also similar to the version of the FIR dated 30.05.2021.

6. Learned Counsel for the applicants further submitted that the statements of the independent witnesses, namely-Manoj Kumar Dubey Son of Indramani, Satish Dubey Son of Indramani Dubey, have been recorded by the Investigating Officer under section 161 Cr.P.C . wherein they stated that Shanu Dubey son of Nandu Dubey was not present on the spot at the time of incident and on basis of their statements name of the accused Shanu dubey was removed.

7. Learned Counsel for the applicants further submitted that the applicants were violating the Covid-19 Guidelines which were promulgated by District Magistrate, Pratapgrh, thus, the District Magistrate, Pratapgarh was duty bound to make a complaint to the learned Area Judicial Magistrate concerned either under his own signature or through any authorized official subordinate to him, but in this case a police has been lodged FIR dated 30.05.2021 and also submitted Police Report dated 06.08.2022 against the present applicants and it is very surprising that concerning Trail Court without applying its own mind, issued summoning dated 13.09.2022 in absence of a separate complaint under section 195(1)(a)(i) Cr.P.C . which is inevitable for the purpose of taking cognizance and putting the accused to trial.

8. Learned counsel for the applicants further submitted that the F.I.R. was registered under Sections 188 I.P.C., which is

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