THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 2533 OF 2024

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), seeking quashment of the proceedings against the petitioners in C.C.No.3046 of 2022 on the file of the learned I Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge at L.B.Nagar, Ranga Reddy.

2. I have heard Mr.Shaik Muhammed Abed, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State.

3. The petitioners are arrayed as accused Nos.2 to 4, 8, 10, 13, 14, 17, 18 and 21 in the Calendar Case registered for the offences punishable under Sections 188, 269 of the Indian Penal Code, 1860 and Section 51(b) of the Disaster Management Act, 2005.

4. The prosecution’s case, in brief, is that on 30^th January 2022, a complaint was lodged alleging that the petitioners, along with other accused individuals, were engaged in practicing Karate at O.B. Function Hall, located in Venkatapur Village. It is further alleged that this activity contravention of prevailing COVID-19 regulations.

5. Learned counsel for the petitioners submits that a false case has been foisted upon the petitioners, and that the trial Court committed an error in failing to consider the relevant provisions of law. It is contended that the Court acted in a mechanical and perfunctory manner in taking cognizance of the alleged offences against the petitioners, despite non-compliance with mandatory legal requirements.

Further, learned counsel submitted that a Coordinate Bench of this Hon’ble Court, under similar factual circumstances, in Criminal Petition No. 3164 of 2024, had quashed the criminal proceedings instituted against the co-accused in the present Calendar Case. It is, therefore, contended that the petitioners are similarly situated and are entitled to the same relief. Accordingly, a prayer has been made for quashing the proceedings in the Calendar Case pending against the petitioners.

6. In response, the learned Additional Public Prosecutor submitted that the complaint contains specific allegations against the petitioners, who were explicitly named therein. It is alleged that the petitioners, along violation of the COVID-19 pandemic regulations. However, the learned Additional Public Prosecutor fairly conceded that the petition filed by the co-accused in the same Calendar Case had been allowed, and the proceedings against them were quashed.

7. I have perused the materials on record.

8. A Coordinate Bench of this Court, upon examining the facts, circumstances, and the applicable statutory provisions, quashed the proceedings against accused Nos. 5, 6, 7, 11, 15, 19, and 20 by order dated 08.04.2024 in Criminal Petition No. 3164 of 2024. The basis for quashment was that the trial Court had erred in taking cognizance of the alleged offences in the absence of a complaint filed by a public servant, as mandated under Section 195(1)(a) of the Code of Criminal Procedure, 1973, and Section 60 of the Disaster Management Act, 2005.

In the present case, the petitioners are also alleged to be among the group of 21 individuals who had assembled at the premises. Given the parity of facts and legal circumstances, the conclusion reached in the aforementioned Criminal Petition equally applies to the petitioners herein. Consequently, the petitioners are entitled to the same relief. Accordingly, the proceedings in C.C. No. 3046 of 2022, pending on the file of the learned I Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge at L.B. Nagar, Ranga Reddy, insofar as they pertain to the petitioners/accused Nos. 2 to 4, 8, 10, 13, 14, 17, 18, and 21, are hereby quashed.

9. Accordingly, the Criminal Petition is allowed.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 08.04.2025 svl