Mohd. Ali Pasha v. The State Of Telangana

132s11

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4031 OF 2023 Between:

1. Mohd. Ali Pasha, Sio Mohd Abbas Ali Aged about 42 years, Occ. Construction Supervisor, Rl/o H.No.14-12-4181H1120, Baba Nagar, Chandrayangufta, Hyderabad

2. Mujammil Junaid, S/o Late Mohammed Junaid, Aged about 40 years, Occ. Business, Rl/o Near Firdous Masjid, Backside of Priya Theater Mallepally, Hyderabad

3. Masood Junaid, S/o Late Mohammed Junaid, Aged about 42 years, Occ. Business, Fl/o Near Firdous Masjid. Backside of Priya Theater Mallepally, Hyderabad

4. Abdul Samad, S/o Late Mohammed Junaid, Aged about 48 years, Occ. Business, R|/o Near Firdous Masjid, Backside of Priya Theater Mallepally, Hyderabad

5. Mohd. Abdul Mujahed, S/o late Mohd Majid Aged about 47 yearc, Occ. Pvt Teacher, Fl/o H.No.10-5-399/ 1/A, First Lancer, Humayun Nagar, Hyderabad

6. Syed Feroz, S/o Late Sved Hafeezuddin Aged about 42 yearc, Occ. Business F/o H.No.'1 8-1 0-204, Barkas, Hyderabad

7. Mohd Bin Ahmed, S/o Ahmed Bin Abdul Aged about 50 years, Occ. Business, Fl/o H.No.1 8-1 0-204, Barkas, Hyderabad ...PETITIONER/ACCUSED No.s 1 to 4, 6 to I AND 1 . The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad.

2. Sri G. Vijayanand, Sl of Police, Habeebnagar Police Station Hyderabad ...RESPONDENT/DEFACTO COM PLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and quash the proceedings against the Petitioners/Accused Nos.'|, to 4. 6 to 8 in CC.No. 6699 of 2020 on the file of Hon'ble XVI Additional Chief Metropolitan Magistrate at Hyderabad.

l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of certified Copy of Order in CC.No.6699 of 2O2O on the file of Hon'ble XVI Additional Chief Metropolitan Magistrate at Hyderabad.

t.A. NO:2OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the Petitioners/ Accused Nos.'l to 4, 6 to 8 in CC.No. 6699 of 2O2O on the file of Honble XVI Additional Chief Metropolitan Magistrate at Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. M. A. K MUKHEED, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2. The Court made the following:

Crl.Petition N0.4031 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINA PETITION No.4O3 oF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for shott'Cr.P.C.') by the petitioners - Accused Nos.1 to 4 and 6 to 8 seeking to quash the C.C No.6699 of 2020 pending on the file of Station House Officer, Habeebnagar Police Station, Hyderabad District, The offences alleged against the petitioners are under Sections 188, 269, 270 of Indian Penal Code and Section 3 of Epidemic Disease Act 1897.

2.

Heard learned counsel for the petitioners - Accused Nos.l to 4 and 6 to 8 and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record, 3.

The Habeebnagar police filed the charge sheet against the petitioners on the ground that these petitioners were members of the Tabligi Jamath and went to Delhi and stayed there and attended the meeting and came back to Hyderabad on 18.03.2023. The petitioners were being prosecuted for the reason of violating the State Government orders issued during the Covid period.

t:;:

'!/, Crl.Petition No.4031 of 2023 4.

Learned counsel appearing on behalf of the petitioners would submlt that for criminal prosecution under section 188 of IPC, a private complaint has to be filed by the public servant and the cognizance cannot be taken by the learned Magistrate. 5.

On the other hand learned public prosecutor submits that it is a case to be decided by the Trial Court.

6.

Under section 195(a)(1) of Crpc, the Court is prohibited from taking cognizance of the offence under section 188 of IPC. Accordingly the cognizance is bad in law. To attract an offence under section 269 of IPC, a person must have unlawfully or negligently done any act having reason to believe that it is likely to spread the infection of any disease dangerous to life. Since the petitioners travelled to Delhi and came back to Hyderabad violating the Government orders, it is a consequence of violation of the said order. None of the petitioners were either tested or any evidence is collected that the said pandemic had spread because of petitioners or these petitioners were infected with covid, Therefore, an offence under Section 269 is not attracted. For the offence under section 270 of IPC, act should be malignantly done knowing or having reason to believe that it is likely to spread the infection. Travelling

Crl.Petition No.4O31 of 2023 from Delhi would not amount to malignant act in order to spread infection.

Accordingly, the criminal petition is allowed. Miscellaneous applications pending, if any, shall stand closed. Sd/. B. SARASWATHI ASSISTANT REGISTRAR //TRUE COPY// qb SECTION OFFICER To,

1. The XVI Additional Chief Metropolitan lvlagistrate at Hyderabad

2. The Station House Officer, Habeebnagar Police Station, Hyderabad

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT).

4. One CC to SRl. M. A. K. MUKHEED, Advocate [OPUC]

5. Two CD Copies DL \ kam I i

HIGH COURT DATED:,2110412023 :j iATr

ORDER

It jl 17 JUti ?sl3 CRLP.No.4031 o1 2023 _ _.: i:.:.- Crl.P is allowed