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.

- 4 -

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