- 1 - NC: 2025:KHC-D:1608 CRL.P No. 100364 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100364 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: BALAKRISHNA S/O. BHIMAPPA BHAJANTRI AGED ABOUT 31 YEARS, OCC. CABLE OPERATORS, R/O. MAHANTESH NAGAR, NEAR KADLEWADI HOSPITAL, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587101. …PETITIONER (BY SRI. D.M. MALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH JAMKHANDI TOWN POLICE STATION, DIST. BAGALKOT-587101. 2. VINAYAK S/O. CHIDANAND NADONI AGED ABOUT 35 YEARS, OCC. JUNIOR HEALTH INSPECTOR, R/O. TOWN MUNICIPAL CORPORATION, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587101, REP.BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.3035/2021 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, JAMAKHANDI FOR THE OFFENCE P/U/SEC. 269, 270 OF IPC AND U/SEC. 4 AND 5 OF THE EPIDEMIC DISEASED (AMENDMENT ORDINANCE 2020, AS AGAINST THE PETITIONER HEREIN, WHO HAS BEEN ARRAYED AS ACCUSED B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 11:52:42 +0530 - 2 - NC: 2025:KHC-D:1608 CRL.P No. 100364 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader (HCGP) accepts notice for respondent No.1/State. 2. The petitioner has been charge-sheeted for offences punishable under Sections 269 and 270 of the Indian Penal Code (IPC) and Sections 4 and 5 of the Epidemic Diseases (Amendment) Ordinance, 2020. 3. The case of the prosecution is that on 2.6.2021, during the Covid-19 pandemic, when the Standard Operating Procedure (SOP) was in effect, the petitioner had kept his mobile shop open beyond the prescribed time. 4. Heard the learned counsel for the petitioner and the learned HCGP for the respondent/State. 5. Section 269 of the IPC deals with a negligent act likely to spread infection of a disease dangerous to life. In the present case, no material has been placed along with the charge sheet to substantiate that the petitioner was suffering from any disease or had acted negligently or unlawfully in a manner likely to spread the infection of a disease dangerous to life. In the absence of such material, the cognizance taken by the learned Magistrate for the offence punishable under Section 269 of the IPC is impermissible. 6. Section 60 of the Disaster Management Act, 2005 specifies that no court shall take cognizance of an offence under this Act except on a complaint made by any authority as enumerated in Clause (a) or by - 3 - NC: 2025:KHC-D:1608 CRL.P No. 100364 of 2025 any person as enumerated in Clause (b) of the said Act. In other words, cognizance of an offence punishable under this Act can only be taken through a private complaint filed by the authority/person as specified in Section 60 of the Act. The cognizance taken based on the final report submitted by the police is without the authority of law. Therefore, the continuation of the criminal proceedings would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in CC No.3035/2021 on the file of the Principal Civil Judge and JMFC, Jamakhandi, are hereby quashed. JTR Ct:vh List No.: 2 Sl No.: 4 Sd/- (HEMANT CHANDANGOUDAR) JUDGE