The police after investigation submitted a charge

sheet for the offences punishable under Sections 160, 269,

270, 271 of IPC and Section 51(b) of the Disaster

Management Act alleging that on 18/5/2021 by violating

COVID-2019 norms, the petitioners by forming unlawful

assembly were fighting on a public road. The learned

Magistrate after accepting the charge sheet took cognizance of

the aforesaid offences and issued summons. Taking exception

to the same, this petition is filed.

Heard the learned counsel for the petitioners and

learned HCGP appearing for the respondent-State.

To constitute an offence punishable under section

269 of IPC, there must be an allegation that the petitioners

were unlawfully or negligently does any act which is, and

which he know or have reason to believe to be, likely to

spread the infection of any disease dangerous to life, shall be

punished with imprisonment of either description for a term

which may extend to six months, or with fine, or with both.

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It is not the case of the prosecution that the accused had

tested positive for COVID-19 and in the absence of any such

material, the offence under section 269 of IPC cannot be

prima-facie invoked as agai