ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 is before this Court under Section 528 of BNSS, 2023 with a prayer to quash the entire proceedings in C.C.No.1711/2020, pending before the Court of III Additional Civil Judge and JMFC, Kalaburagi, arising out of Crime No.23/2020 registered by Chowk Police Station, Kalaburagi, for the offences punishable under Sections 143, 269, 270, 353, 188 read with Section 149 of IPC.

2. Heard learned counsel for the parties.

3. Learned counsel for the petitioner submits that in view of bar under Section 195 of Cr.P.C., the police could not have registered a case invoking Section 188 of IPC. He also submits that none of the accused persons had tested positive for Covid-19 and therefore, the alleged offences punishable under Section 269 and 270 of IPC also do not get attracted. For extraneous reasons, the police officials have filed a false complaint against the petitioner.

Accordingly, he prays to allow the petition.

4. Per contra, learned High Court Government Pleader has opposed the petition. He submits that accused persons have interfered where the police officials were discharging their duty and it is in this background, impugned criminal proceedings has been initiated.

5. Perusal of the FIR as well as charge sheet submitted in the present case would go to show that the accused persons in violation of Covid-19 restrictions were allegedly selling tea in the public place. The material on record would go to show that FIR has been registered in the present case invoking Section 188 of IPC. As rightly pointed out by learned counsel for the petitioner in view of bar under Section 195 of Cr.P.C., the police could not have registered FIR invoking Section 188 of IPC in the present case. The Trial Court has failed to appreciate this aspect of the matter and erroneously has taken cognizance of the charge sheeted offences including the offence punishable under Section 188 of IPC, which is not permissible.

There is no such material in the charge sheet, which would go to show that anyone of the accused persons had tested positive for Covid-19 and therefore, in the absence of such a material, there cannot be any apprehension, which is a basic ingredient for invoking Sections 269 and 270 of IPC.

In identical circumstances, this Court in Criminal Petition No.200953/2024 and Criminal Petition No.5185/2021 has quashed similar criminal proceedings containing similar allegations.

6. Having regard to the aforesaid aspects of the matter, the contention raised by learned counsel for the petitioner that the police have filed a false case for extraneous reasons against the petitioner cannot be lightly brushed aside. Under the circumstance, continuation of impugned criminal proceedings as against the petitioner based on material available on record would amount to abuse of process of law. Accordingly, following:

ORDER

The criminal petition is allowed.

The entire proceedings in C.C.No.1711/2020, pending before the Court of III Additional Civil Judge and JMFC, Kalaburagi, arising out of Crime No.23/2020 registered by Chowk Police Station, Kalaburagi, for the offences punishable under Sections 143, 269, 270, 353, 188 read with Section 149 of IPC, as against the petitioner/accused No.2 stands quashed.

Sd/- (S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 SI No.: 15 CT:PK