Neutral Citation No. - 2025:AHC:23020 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4661 of 2025 Applicant :- Sanjeev Pandey Alias Bangali And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Tripathi,Deepanshu Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 2. The present application under Section 528 of BNSS, has been preferred with the prayer to quash the charge sheet no. 30/16, dated 25.04.2022, cognizance/summoning order dated 24.04.2024 as well as entire proceedings of Criminal Case No. 7373 of 2024, titled as State v. Rajat Raikwar and Others, arising out of Case Crime No. 98 of 2022, registered under Sections 147, 341, 353, 188 I.P.C., Section 7 of Criminal Law Amendment Act and Section 3 of Epidemic Disease Act, at P.S. Navabad, District Jhansi, pending trial in the Court of Chief Judicial Magistrate, Jhansi. 3. The facts of the case in nutshell are that the co-accused Rajat Raikwar along with other villagers participated in a protest by placing a dead body on the road and raising slogans against the concerned police, resulting in a roadblock. Additionally, they failed to comply with the guidelines set forth for the Covid-19 pandemic. 4. The learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. There is no eyewitness to the alleged incident. The charge sheet was filed against the applicants without a proper investigation. Furthermore, he contends that in light of the Government Order dated 26.10.2021, issued by the State Government, all cases related to violations of Covid-19 protocols under the Epidemic Diseases Act, as well as cases under Sections 188, 269, 270, and 271 of the Indian Penal Code, have been withdrawn. As such, no case under Section 3 of the Epidemic Diseases Act and Section 188 IPC is substantiated against the applicants. 5. Per contra, learned A.G.A has opposed the prayer and submitted that the applicants, along with the villagers, obstructed the road by placing a dead body on road, thereby violating the Covid-19 guidelines. 6. After hearing learned counsel for the applicants and learned A.G.A. for the State and having perused the Government Order dated 26.10.2021, the instant application is disposed of with liberty to the applicants to raise all these grounds before the trial Court at the stage of framing of charge and thereafter, the trial court shall proceed in accordance with law. So far as other sections are concerned, the learned trial Court shall take conscious decision in accordance with law and no interference is warranted by this Court under Section 482 Cr.P.C. in the given facts and circumstances. 7. With the aforesaid observations, the applicant stands disposed of. Order Date :- 18.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad