The Karnataka High Court has quashed proceedings initiated last year against workers of now-banned Campus Front of India (CFI) for holding a meeting a nd gathering people at Dr.B.R.Ambedkar Bhavan, Bagalokot, when the authorities had prohibited such meetings on account of third wave of COVID-19. This was in the case of Khadar Basha & others v. State of Karnataka (CRIMINAL PETITION NO. 104219 OF 2022) and was presided over by a single judge bench of Justice J M KHAZI.
FACTS OF THE CASE:
Petitioners who are arraigned as accused No.1 to 8 have filed this petition under Section 482 Cr.P.C. to quash the criminal proceedings initiated against them in C.C.No.1028/2022 for the offences punishable under Sections 143, 270, 448 R/W Section 149 of Indian Penal Code, 1860 and Sections 4 and 5 of Epidemic Diseases (Amendment) Ordinance 2020. It is contended by the petitioners that they are innocent of the offences alleged and they have been falsely implicated. The allegations made in the charge sheet does not attract the offences alleged. There is no evidence that petitioners were the organizers of alleged event. There is no evidence that anyone of the accused 2022 including the petitioners were suffering from Covid-19 and as such, the entire proceedings are liable to be quashed and prays to allow the petition. Learned High Court Government Pleader submitted that all the accused persons including the petitioners, being the workers of Campus Front of India held a meeting at Dr.B.R.Ambedkar Bhavan situated on JamkhandiKunchanur road about 2 k.m. from Jamkhandi city and gathered around 130 students from different places, though there was prohibition for such meetings on account of third wave of Covid-19 and thereby committed the offences punishable under Sections 143, 270, 448 R/W Section 149 of Indian Penal Code, 1860 and Sections 4 and 5 of Epidemic Diseases (Amendment) Ordinance 2020. After conducting detailed investigation, charge sheet is filed and at the stage the proceedings cannot be quashed and prays to dismiss the petition.
JUDGMENT:
The Court held that “So far as offence punishable under Section 448 Indian Penal Code is concerned, there is no allegations by the owner / occupier of Dr.D.R.Ambedkar Bhavan that petitioners and others criminally trespassed into the premises in question. In the absence of any material that the petitioners criminally trespassed into the premises in question, the charge sheet filed for the offence punishable under Section 448 I.P.C. is also not attracted. Moreover, already in Criminal Petition No.103790/2022, co-ordinate bench of this Court has quashed the criminal proceedings against accused No.9. Consequently and for the above reasons, petitioners are also entitled for quashing of the criminal proceedings initiated against them and accordingly.”
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA
