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.

- 4 -

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 against the present petitioners.

The other offences alleged against the petitioners

are non-cognizable and as such, the police before registering

the FIR against the petitioners for non-cognizable offence,

ought

to

have

obtained

prior

permission

from

the

jurisdictional magistrate for registering the first information

report. In the present case, the police having not obtained

prior permission from the jurisdictional Magistrate for

registration of the case for non-cognizable offence, the

registration of first information report and subsequent filing

of the charge sheet stands vitiated.

5.

In view of foregoing reasons, I am of the

considered view that the registration of impugned first

information report and also filing of the charge sheet against

the petitioners is clear abuse of process of law. Accordingly, I

proceed to pass the following:

- 5 -

ORDER

i)

Criminal petition is allowed.

ii)

The impugned proceeding in CC No.1491/2021

pending on the file of the Civil Judge (Jr.Dn) and JMFC, Gokak,

insofar as it relates to petitioners–accused Nos.1 to 3 and 6 are

hereby quashed.

Sd/-

JUDGE

VB

List No.: 1 Sl No.: 33