Research › Search › Judgment

Allahabad High Court · body

2020 DIGILAW 1207 (ALL)

Cheloh v. State Of U. P.

2020-10-08

VIRENDRA KUMAR II

body2020
JUDGMENT : 1. Heard Shri Shiv Pal Singh, learned counsel for the petitioners and learned A.G.A. for the State. They have participated through video conferencing. 2. Learned counsel for the petitioners has instituted present petition for quashing charge-sheet dated 08.06.2020 and order of cognizance dated 09.06.2020 passed by the Court of Chief Judicial Magistrate, Bahraich arising out of Crime No. 135 of 2020 under Sections 269, 270, 271 and 188 I.P.C. and Section 3 of Epidemic Disaster Act, 1897 and Section 14 (b) and 14 (c) Foreigners Act, 1946 and Section 51 of Disaster Management Act, 2005 and Section 3 (3) of the Passport Act, 1920, Police Station Kotwali Dehat, District Bahraich. 3. Learned counsel for the petitioners has submitted that the petitioners are foreigner native of "Thailand", who participated in religious function at Delhi and Bahraich during Covid-19 environment. They have done nothing for spreading epidemic. Therefore, charge-sheet as well as summoning order are liable to be quashed. 4. Learned A.G.A. has submitted that her instructions has not been received as letter was written to the Investigating Officer. Moreover, the epidemic decease Covid-19 was spread by the gathering at religious function organized at Delhi and Baharich. The Investigating Officer after full-fledged investigation has also found offences under Foreigners Act and Passport Act. Therefore, charge-sheet as well as summoning order are not liable to be quashed. 5. In the aforesaid circumstances the petitioners have violated the provisions of Foreigners Act and Passport Act as well as they participated without permission in religious function at Delhi and Bahraich. No permission was obtained for participation in the religious function. Therefore, charge-sheet and impugned summoning order are not liable to be quashed. 6. The petition lacks merit, dismissed accordingly. 7. Learned counsel for the petitioners have pointed out that petitioners have been enlarged on bail by the trial Court. He has further submitted that the petitioners have moved application for their discharge before the trial Court, which is pending. The application for discharge moved on behalf of petitioners be decided by the trial court expeditiously.