WRIT PETITION NO. 14243 OF 2021 (GM-RES)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.579/2021 ON THE FILE JMFC VI COURT, MANGALURU AS PER ANNEXUE-A, REGISTERED FOR THE OFFENCE PUNISHABLE U/S 269 OF IPC AND SECTION 4, 5 AND 9 OF KARNATAKA EPIDEMIC DISEASES ACT 2020GRANT AN INTERIM ORDER TO STAY ENTIRE PROCEEDINGS IN CC.NO.579/2021 ON THE FILE OF THE COURT OF JMFC VI AT MANGALURU, REGISTERED FOR THE OFFENCE PUNISHABLE U/S 269 OF IPC AND SECTION 4, 5 AND 9 OF KARNATAKA EPIDEMIC DISEASES ACT 2020.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

This petition is filed seeking for following reliefs:

"I. Issue a Writ of Certiorari or for other appropriate Writ or Order, quashing the entire proceedings in C.C No. 579/2021 on the file JMFC VI Court, Mangaluru as per Annexure-A, registered for the offence punishable under Section 269 of IPC, and Section 4, 5 & 9 of Karnataka Epidemic Diseases Act 2020.

II. Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity."

2. Matter was heard on previous occasion wherein Sri BS Sachin, learned counsel for petitioner had submitted as follows:

" It was submitted, petition was filed for quashing of entire proceedings in CC no.579/2021 on file of JMFC VI Court, Mangaluru, as per Annexure-A, for offences punishable under Sections 269 of IPC and Sections 4, 5 and 9 of Karnataka Epidemic Diseases Act, 2020 (Act).

It was submitted, as per complaint on 18.05.2021, petitioner was found to have visited Jimmy's Super Mart on Kadri-Nantur Road, Mangalore, without wearing mask leading to initiation of proceedings.

It was submitted that Section 4(1) of Act mandates issuance of a notification in official gazette by Government, notifying outbreak of epidemic, but no notification was issued. Further, sub-section 4 of Section 5 prescribes punishment for offences enumerated in sub-sections (1) to (3) of Section 5.

However, Section 5 was amended by Karnataka Act no.02 of 2021, as per Annexure-G, omitting "(1)", in sub-section 4 of Section 5. It was submitted, sub-sections 2 and 3 of Section 5 would not apply to petitioner's case as there was no allegation of causing obstruction to any public servant or indulging any act of violence and only provision applicable to petitioner namely sub section (1) of Section 5 was omitted from prescription of punishment.

Further, as per Notification dated 02.05.2020 at Annexure-H, Regulation 2(2) of Regulations introduced, provided for levy of a spot fine of Rs.200/- in Municipal Corporation areas for contravention of Regulation 1, which included persons appearing in public places without wearing mask. Thus, after amendment to Section 5 of Act and issuance of notification promulgating Regulation 2, petitioner could at best tried for offence under Regulation 1 and at worst, required to pay fine. That apart, petitioner would be entitled for compounding offence as per Section 10 inserted by Amendment Act at Annexure-G and prays, he may be permitted to avail same and petition may be disposed of."

3. Matter was adjourned to enable learned HCGP as well as learned counsel for respondent no.1-complainant to respond.

4. Counsel for petitioner has today produced copy of notification dated 21.04.2021 extending term of earlier notification dated 02.5.2020, 22.05.2020, 05.06.2020, 06.06.2020 and 16.06.2020 for a period of one more year. Incident in question would fall within period of extension under said notification. Consequently, petition requires to be allowed.

5. Sri Rajesh Subramanyam, learned HCGP for respondent no.2 is unable to controvert said submission.

6. There is no appearance for respondent no.1. Absence would required to be treated as concession.

7. As per complaint at Annexure-C, allegations against petitioner-accus