Neutral Citation No. - 2025:AHC:129722 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27541 of 2025 Applicant :- Akram Qureshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State and perused the record. 2. This application has been filed for quashing of charge sheet dated 24.04.2022 as well as summoning order dated 14.08.2023 passed by learned Judicial Magistrate, Allahabad, Court no. 4, Allahabad in Case no. 2717 of 2023 arising out of Case Crime no. 118 of 2021 under sections 269, 270, 147, 341 IPC and 7 CLA Act and section 3 Epidemic Diseases Act, PS- Kareli, District Prayagraj pending in court of learned Judicial Magistrate, Allahabad Court no. 4. 3. Learned counsel for the applicant submits that the F.I.R. dated 10.04.2021 was lodged by the Sub Inspector of the concerned police station against 19 known and 150 unknown persons including the applicant alleging therein that the accused persons violated Covid-19 protocol. After lodging of F.I.R., the Investigating Officer recorded statements of first informant and other witnesses under Section 161 Cr.P.C., and after investigation, the Investigating Officer submitted charge sheet against all the accused persons including the applicant whereupon the learned court concerned took cognizance in arbitrary manner and without considering the material available on record. 4. Learned counsel for the applicant submits 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 applicant further argued that as per Government Order dated 26.10.2021, such cases were directed to be withdrawn by the Public Prosecutor in the courts but still the case is pending against the applicant, which causing unnecessary harassment to him. 5. Sri Pankaj Saxena, learned A.G.A for the State submits 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 applicant 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 applicant 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 under Section 528 BNSS is allowed. Consequently, the entire criminal proceeding of Case no. 2717 of 2023 arising out of Case Crime no. 118 of 2021 under sections 269, 270, 147, 341 IPC and 7 CLA Act and section 3 Epidemic Diseases Act, PS- Kareli, District Prayagraj, pending in court of learned Judicial Magistrate, Allahabad Court no. 4, so far as it relates to the present applicant, is hereby, quashed. Order Date :- 31.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad