The first information report was lodged against the

petitioners alleging that the petitioners and other accused

formed an unlawful assembly in violation to the order of

prohibition passed under Section 144 of Cr.P.C., and

protested for shifting of COVID-19 patients from Kudachi

town to Uragkhurd town. The police registered the first

information report against the petitioners and other accused

for the offences punishable under sections 143, 147, 269,

270 read with 149 of IPC and section 3 of the Epidemic

Diseases Act, 1897 and after investigation filed the charge

sheet against the petitioners and 13 others, however the

other accused were left out from the charge sheet, who are

the

officials

of

Ugarkhurd

Municipality.

The

learned

Magistrate after accepting the charge sheet, took cognizance

of the aforesaid offences against the petitioners. Taking

exception to the same, this petition is filed.

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4

Learned counsel for petitioners submits that there

are no materials produced along with the charge sheet to

substantiate the allegations that the petitioners were

infected with COVID-19 virus so as to attract the offences

punishable under sections 269 and 270 of IPC. He further

submits that the police having left out the other accused,

who are officials of the Municipality, the filing of charge sheet

against

the

present

petitioners,

is

arbitrary

and

discriminatory.

On the other hand, learned HCGP appearing for

the respondent-state submits that the petitioners and other

accused by forming an unlawful assembly, in violation of

prohibitory order passed under section 144 of Cr.P.C.,

prevented the shifting of COVID-19 patients from Kudachi

town to Ugarkhurd town and have committed offences

alleged against them in the charge sheet. Hence, he justifies

the taking of cognizance by the learned Magistrate for the

offences alleged in the charge sheet.

I have considered the submissions made by the

learned counsel for parties.

- 5 -

5

The charge sheet materials disclose that the

petitioners were neither tested COVID positive nor were they

carrying disease so as to attract offence punishable under

section 269 and 270 of IPC. Hence, the charge sheet filed

against the petitioners for the offences under section 269

and 270 of IPC is without any substance.

Initially,

the

first

information

report

was

registered against 28 persons, however, the police after

investigation left out the other accused, who are employees

of municipality. Though the allegation is that the petitioners

and other accused formed unlawful assembly, the police

having filed the charge sheet against the petitioners and

leaving other members of unlawful assembly is nothing but

arbitrary and discriminatory, and even otherwise, the charge

sheet material also does not disclose that the petitioners,

who are the immediate residents of the place of incident

have actively participated in the protest against the shifting

of COVID-19 patients by forming unlawful assembly. Hence,

the filing of the charge sheet against the petitioners is not

sustainable in law. Accordingly, I pass the following:

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6

ORDER

The criminal petition is allowed.

The impugned proceedings in C.C.No.752/

2021 (arising out of Crime No.54/2020 of Kagwad

P.S.) against the petitioners for the offences

punishable under sections 143, 147, 269, 270 read

with section 149 of IPC and section 3 of the

Epidemic

Diseases

Act,

pending

before

the

Principal Civil Judge and JMFC Court, Kagwad as

against the present petitioners i.e. accused No.2,

7, 10, 11, 16 and 17, is hereby stayed.

In view of disposal of the matter, pending

interlocutory applications, if any, do not survive for

consideration and are dismissed accordingly.

Sd/-

JUDGE

YAN

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7

HCJ:

18.10.2022

ORDER

At page-6 of the operative portion of the order dated

16.3.2022, on account of typographical error, the word

`stayed’ has been typed instead of `quashed’.

Accordingly, it is directed that the word `stayed’ shown at

page-6 of the operative portion is ordered