Neutral Citation No. - 2025:AHC:68276 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14743 of 2025 Applicant :- Shane Ali And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Pandey,Rohit Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application has been filed for quashing of chargsheet dated 20.09.2021 and summoning order dated 18.10.2021 as well as entire proceeding of Case No. 5201 of 2021 (State Vs. Aalenabi and others), arising out of Case Crime No. 205 of 2021, under Sections 147, 188, 269, 270, 353 I.P.C. read with Section 51 of Disaster Management Act, 2005 and Section 3(1) of Epidemic (Amendment) Act, 2020, pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi. 3. Learned counsel for the applicants submitted that the F.I.R. dated 03.05.2021 was lodged by the Sub Inspector of the concerned police station against 21 named persons including the applicants and against 400-500 unknown persons alleging therein that the accused persons had violated Covid-19 protocol and had organized a rally. After lodging of F.I.R. the Investigating Officer recorded statements of first informant and one witness under Section 161 Cr.P.C., who are police personnel, who supported the prosecution case. After investigation, the concerned Investigating Officer submitted charge sheet against all the accused persons including the applicants whereupon the learned Magistrate took cognizance in arbitrary manner and without considering the material available on record. 4. Learned counsel for the applicants submitted that vide order dated 08.10.2021 passed by a Division Bench of this Court in Criminal Misc. Writ Petition No. 7787 of 2021 (Vinay Kumar and another Vs. State of U.P. and 2 others), this Court directed the State Government to frame a time schedule for completing the exercise for withdrawal of COVID-19 protocol breach cases in terms of decision taken by the State Government/ guidelines of Central Government and withdraw cases found worth withdrawal in accordance with law, expeditiously preferably within a period of three months and file a compliance report. It has further been submitted that in pursuance of the aforesaid order passed by the Division Bench of this Court, the State Government vide its notification dated 26.10.2021 directed the concern authorities to withdraw the cases which were lodged during Covid-19 protocol in which maximum punishment is below than two years. Learned counsel for the applicants further argued that as per Government Order dated 26.10.2021 appended at page-75 of the paper book, such cases were directed to be withdrawn by the Public Prosecutor in the courts but still the case is pending against the applicants, which causing unnecessary harassment to them. 5. Learned A.G.A. for the State submitted that once the State Government vide its notification dated 26.10.2021 directed the concern authorities to withdraw the cases which were lodged during Covid-19 protocol in which maximum punishment is below than two years, there is no reason to continue with the aforesaid proceeding. 6. Having heard the learned counsel for the applicants as well as learned counsel for the State, this Court is of the view that pursuant to the aforesaid order dated 08.10.2021 passed by Division Bench of this Court when a specific direction has already been given by the State Government vide its notification dated 26.10.2021 directing the concern authorities to withdraw the cases which were lodged during Covid-19 protocol in which maximum punishment is below two years, in such circumstances, if the proceeding initiated against the present applicants is allowed to go on, the same would be in contravention of the aforesaid notification dated 26.10.2021 issued by the State Government. 7. In view of above, the present application is allowed. Consequently, chargsheet dated 20.09.2021 and summoning order dated 18.10.2021 as well as entire proceeding of Case No. 5201 of 2021 (State Vs. Aalenabi and others), arising out of Case Crime No. 205 of 2021, under Sections 147, 188, 269, 270, 353 I.P.C. read with Section 51 of Disaster Management Act, 2005 and Section 3(1) of Epidemic (Amendment) Act, 2020, pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi, are hereby, quashed qua to the applicants herein. Order Date :- 30.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad