Neutral Citation No. - 2025:AHC:136432 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37352 of 2024 Applicant :- Shahnawaj And 21 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Anwar Hussain, learned counsel for the applicants and Sri Sandeep Kumar, learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 22.03.2022, summoning/cognizance order dated 31.03.2023 passed by Additional Chief Judicial Magistrate, Court no. 3, Moradabad including the entire proceedings of Criminal Case No. 14138 of 2023 (State vs. Shahnawaj and others) arising out of Case Crime No. 16 of 2022, under sections 188, 269, 270, 171(H) IPC read with Section 51(b) of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897, Police Station- Kundarki, District-Moradabad pending in the Court of learned Additional Chief Judicial Magistrate, Court no. 4, Moradabad as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicants has submitted that implication of the applicants in pursuance to the chargesheet submitted by concerned investigating officer, whereupon the cognizance of offence under sections 188, 269, 270, 171(H) IPC read with Section 51(b) of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897 has been taken up. It is also informed by learned counsel for the applicants that the conduct of the applicants which attracted under above mentioned sections was during the period when notification of the Pandemic Act was enforced by the Government and at the same time, Model Code of Conduct (M.C.C.) was also notified for conduction of election for Members of Legislative Assembly (MLAs) at District Moradabad. 4. The illegal action carried out by the prosecution while implicating the applicants under Section 188 IPC, Section 51(b) of the Disaster Management Act, 2005 barred by Section 195 Cr.P.C. as well as Section 60 of the Disaster Management Act and as such the applicants cannot be implicated in the above two sections. So far as implication of applicants under Section 171(H) IPC is concerned, there is hardly any allegation put-forward against the applicants for distributing, providing or facilitating any person within the notified area of Model Code of Conduct (M.C.C.) in shape of any amount whatsoever it may be and as such the entire proceedings initiated against the applicants is highly illegal and the same is not sustainable in the eye of law. It is also submitted by learned counsel for the applicants that the concerned Magistrate took cognizance of offence in pursuance to Sections 188, 269, 270, 171(H) IPC read with Section 51(b) of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897 in Case Crime No. 16 of 2022 is without application of mind and without going through the essential ingredients of the procedure which restricts the prosecution in case of necessary compliance has not been made and as such order dated 31.03.2023 passed by learned Additional Chief Judicial Magistrate, Court no. 3, Moradabad and proceeding thereupon is not sustainable against the applicants. At last, learned counsel for the applicants also submitted that after de-notification of the pandemic, a separate Government Order has been issued by the State Government of U.P. on dated 26.10.2021 through which all the petty offences in which any person has been implicated which directed to be withdrawn through Directorate of Prosecution and as such the applicants are duly covered with the Government Order issued by the State Government of U.P. and no criminal proceedings can be continued against him. 5. Per contra, Sri Sandeep Kumar, learned AGA for the State duly opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicants and submitted that only Section 171(H) IPC is not covered under the Government Order issued by the State Government of U.P. and as such, the applicants can be prosecuted in reference of the same. 6. After hearing rival submissions extended by learned counsel for the parties, this Court finds that in respect of the allegation fastened upon the applicants, which is apparent from the narration of the FIR itself, which culminated into preferring report under Section 173 Cr.P.C. in shape of chargesheet, there is hardly any corroboration of evidence which may permit the prosecution to implicate the applicants under Section 171(H) IPC, on the contrary the prime evidence for implicating the applicants was setting fire to an effigy and as such implication of the applicants in pursuance to Section 171(H) IPC has not been made out. 7. In view of aforementioned facts and circumstances, in the light of the Government Order issued by the State Government of U.P. on dated 26.10.2021 and considering the sections in which applicants have been implicated, the entire proceedings of Criminal Case No. 14138 of 2023 (State vs. Shahnawaj and others) arising out of Case Crime No. 16 of 2022, under sections 188, 269, 270, 171(H) IPC read with Section 51(b) of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897, Police Station-Kundarki, District-Moradabad pending in the Court of learned Additional Chief Judicial Magistrate, Court no. 4, Moradabad, are hereby set-aside. 8. The application stands allowed accordingly. Order Date :- 11.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad