THE HON,BLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioner-accused No.9 seeking to quash the proceedings in CC No.5603 of 2020 on the file of I-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offences under Sections 420, 269, 270 and 188 IPC and Section 3 of the Epidemic Decease Act, 1987 and Section 51 of the Disaster Management Act.

2. Heard Mr. Mohhammed Adam, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.

3. The case of the prosecution is that accrued Nos.1 to 8 are the Nationals of Iran, who have come to India to attend the Tabligi Jamaath Conference at Nizamuddin, New Delhi, from 24.02.2020 to 28.02.2020 and participated in Jamaath activities, during the Covid period. Later, they left Delhi and came to Hyderabad on 29.02.2020 and stayed at Mallepally Bade Masjid till 18.03.2020 and participated in Jamaath activities. He further submitted that accused Nos.1 to 8, under the influence of accused No.9 came to Dhoti Shah Masjid, Murad Nagar and stayed there for Jamaath activities duly preaching Islam and they mis-represented the facts and obtained Visas for a wrongful gain for them and wrongful loss to the government. Their acts are negligent and malignant, likely to spread infection of disease, dangerous to life and further they disobeyed the order duly promulgated by the public servant during Covid pandemic period. Thus, they are facing the allegations under Sections 420, 269, 270 and 188 IPC and Section 3 of the Epidemic Decease Act, 1987 and Section 51 of the Disaster Management Act and Section 14(1)(b) of the Foreigners Act, 1946.

4. Learned counsel for the petitioner-accused No.9 has submitted that the petitioner is innocent and he gave shelter to the Iran Nationals, just on humanitarian grounds and that he does not know about the background of the accused Nos.1 to 8. He further submitted that in a similar case in Crl.P.No.12015 of 2023, a coordinate Bench of this Court has quashed the proceedings against the petitioners therein, and therefore, he prayed to quash the proceedings against the petitioner in the present case by applying the same analogy.

5. Learned Additional Public Prosecutor has submitted that accused Nos.1 to 8 are the foreigners, who came on tourist Visas and without intimating the government authorities, they attended the Tabligi Jamaath and the petitioner herein alleged to have given shelter to them.

6. Perused the record.

7. The petitioner herein is accused No.9, who is alleged to have given shelter to the foreign Nationals during the pandemic period. In a similar case, in Crl.P. No.10215 of 2023 wherein similar offences were alleged against the petitioners therein, a coordinate Bench of this Court has quashed the proceedings against the petitioners therein by observing that there was no material filed by the police to substantiate that the petitioners were tested positive or they have spread the disease to anyone causing danger to the life of others due to their travelling from Delhi to Hyderabad. In the present case also, there is no material filed by the police to substantiate that the petitioner and the other accused were tested Covid positive or that they have spread the decease to anyone causing danger to the life of others due to their travelling from Delhi to Hyderabad. Hence, applying the same analogy, it is opined that continuation of the proceedings against the petitioner herein in the absence of any material filed by the police, would be an abuse of process of law.

8. In the result, the petition is allowed and the proceedings in CC No.5603 of 2020 on the file of I-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, against the petitioner, are hereby quashed.

Miscellaneous Petitions, if any pending, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 11, 2025 KTL