1/6 901-apl-383-21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 383 of 2021 1. Sheikh Roshan S/o Akbar Hussain, Aged about 72 years, Occ.: Retired R/o Ismailpura, Kamptee 2. Sheikh Farid S/o Abdul Rehman, Aged about 41 years, Occ. Business R/o Ismailpura Kamptee, Tahsil and District Nagpur 3. Mohd. Khurshid S/o Mohammad Alimouddin, Aged about 81 years, Occ. Retired R/o Ismailpura, Kamptee, Tahsil and District Nagpur 4. Manjoor Ahmed S/o Mohammad Aafaque, Aged about 61 years, Occ. Retired R/o Ismailpura, Kamptee, Tahsil and District Nagpur. 5. Shafique Ahmad S/o Mohammad Younis, Aged about 41 years, Occ. Labour R/o near Aadi Masjid, New Bazaar, Kamptee, Tahsil and District Nagpur 6. Irfan Ahmad S/o Mohammad Shakil, Aged about 29 years, Occ. Labour R/o Islampura, Kamptee, Tahsil and District Nagpur 7. Shakeel Ahmad S/o Mohammad Ibrahim, Aged about 63 years, Occ. Retired R/o Ismailpura, Kamptee, Tahsil and District Nagpur 8. Sheikh Ibrahim S/o Sheikh Habuu, Aged about 61 years, Occ. Retired R/o Ismailpura, Kamptee, Tahsil and District Sknair 2025:BHC-NAG:3680-DB 2/6 901-apl-383-21.odt Nagpur 9. Mohd. Khursid S/o Sheikh Bafati, Aged about 75 years, Occ. Retired R/o Ismailpura, Kamptee, Tahsil and District Nagpur 10. Abdul Salim S/o Abdul Rehman, Aged about 61 years, Occ. Retired R/o Ismailpura, Kamptee, Tahsil and District Nagpur 11. Mohd. Ibrahim S/o Mohd. Khurshid Aged about 63 years, Occ. Retired R/o Ismailpura, Kamptee, Tahsil and District Nagpur … Applicants // VERSUS // 1. State of Maharashtra, through Police Station Officer, Police Station Chikhli, District Buldhana … Non- applicants Shri M.N.Ali, Advocate for the applicants. Shri S.S.Doifode, Advocate for the non-applicant/State. CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ. DATED : 3rd APRIL, 2025. ORAL JUDGMENT : (PER : PRAVIN S. PATIL, J.) Rule. Rule is made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken for final disposal. 2. By this application filed under Section 482 of Code of Criminal Procedure, the applicants are seeking to quash and set aside the proceedings bearing No. SCC 1660 of 2020 arising out of First Sknair 3/6 901-apl-383-21.odt Information Report in Crime No. 0266 of 2020 registered with Police Station Chikhli, District Buldhana for the offence punishable under Sections 269 and 270 of the Indian Penal Code and Section 3 of Epidemic Disease Act, 1897. 3. In short, the case of prosecution is that applicants belong to Tablighi Jamat and during the pendemic of Covid-19 without informing the Government entered into the city of Chikhli and stayed in a Masjid without permission of the Government and thereafter left the premises. Accordingly, as per the report of Naib Tehsildar dated 28th April, 2020, the offence came to be registered against them under Sections 269 and 270 of the Indian Penal Code and Section 3 of Epidemic Disease Act, 1897. It is the case of the prosecution that after completion of investigation, the investigating agency filed charge-sheet and on the basis of ample evidence collected against the present applicants, the case is registered against them and the same is now pending on the file of Judicial Magistrate First Class, Chikhli. 4. Learned counsel for the applicants has relied upon the judgment of this Court in Criminal Application (APL) No. 384 of 2021 Sknair 4/6 901-apl-383-21.odt (Sheikh Roshan S/o Akabar Hussain and others Vs. State of Maharashtra) decided on 29th April, 2021, in identical matters in which the present applicants were applicants and same offence was registered against them under the same provisions of law on the complaint of Tehsildar, Buldhana. 5. We have carefully considered the allegations in the First Information Report and the material brought on record in the form of charge-sheet. 6. In the present case, after going through the record, we are satisfied that they have entered into the city of Chikhli, District Buldhana on 2nd March, 2020 for attending religious function and during their stay at Chikhli, National Lockdown was declared by the Indian Government on 24th March, 2020 and all the movements of citizens were restricted from one place to another. Thereafter on 5th April, 2020, Administration of District Buldhana declared Chikhli area as a contentment zone and further strict conditions were imposed for movement of the people from one place to other. Sknair 5/6 901-apl-383-21.odt 7. It is pertinent to note that it is not the case of the prosecution that applicants were tested positive for Covid-19 virus. In absence of material to show that applicants were tested positive, the offence of Indian Penal Code as well as Epidemic Disease Act are not attracted against them in the matter. 8. The judgment of Division Bench of this Court in the case of Batyrov Shukhratbek and others Vs. State of Maharashtra in Criminal Application No. 450 of 2020 covered the issue involved in the present case. In identical factual position this Court by recording cogent reasons quashed and set aside the proceedings registered against the applicants therein. As such, present case is covered by the judgment delivered by Co-ordinate Bench and furthermore in identical case against applicants this Court by judgment dated 29th April, 2021 in Application No. 384 of 2021, quashed and set aside the offence registered against them. 9. In view of aforestated reasons, we are of the opinion that the continuation of the present proceedings against the applicants would amount to abuse of process of law and no fruitful purpose would be Sknair 6/6 901-apl-383-21.odt served by keeping continuation of present proceedings against them. Hence, we proceed to pass the following order. i. Criminal Application is allowed. ii. The proceedings bearing No. SCC 1660 of 2020 arising out of First Information Report in Crime No. 0266 of 2020 registered with Police Station Chikhli, District Buldhana for the offence punishable under Sections 269 and 270 of the Indian Penal Code and Section 3 of Epidemic Disease Act, 1897 is hereby quashed and set aside against the applicant no. 1- Sheikh Roshan S/o Akbar Hussain, applicant no.2 Sheikh Farid S/o Abdul Rehman, applicant no. 3 Mohd. Khurshid S/o Mohammad Alimouddin, applicant no.4. Manjoor Ahmed S/o Mohammad Aafaque, applicant no. 5 Shafique Ahmad S/o Mohammad Younis, applicant no. 6 - Irfan Ahmad S/o Mohammad Shakil, applicant no. 7 Shakeel Ahmad S/o Mohammad Ibrahim, applicant no. 8 Sheikh Ibrahim S/o Sheikh Habuu, applicant no. 9 Mohd. Khursid S/o Sheikh Bafati, applicant no. 10 Abdul Salim S/o Abdul Rehman and applicant no. 11 Mohd. Ibrahim S/o Mohd. Khurshid. Rule is made absolute in aforesaid terms. No order as to costs. [PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.] Sknair