ORDER : Mr. Kuldeep Mathur, J. - By way of filing the instant criminal misc. petition under Section 482 Cr.P.C., the petitioners have prayed for the following relief: "It is, therefore, most humbly and respectfully prayed that the petition may kindly be allowed and: a. the captioned FIR and the entire proceedings in furtherance thereto qua the petitioners may kindly be quashed and set aside; and b. any other appropriate/consequential orders or directions which may be deemed just and proper in the facts and circumstances of the case may be passed." 2. Drawing attention of the Court towards the FIR, learned counsel for the petitioners submitted that even if the allegations are taken on its face value, no offence punishable under Sections 269, 270 and 353 IPC are made out against the petitioners. Learned counsel for the petitioners submitted that in the impugned FIR, there is no other allegation except that the petitioners were a part of the religious procession and, therefore, it would be to harsh if the prosecution shall be allowed to continue against them. 3. Learned counsel for the petitioners, on the strength of above contentions prayed that looking to the peculiar facts and circumstances of the case, the impugned FIR may be quashed and set aside. 4. Heard learned counsel for the parties at Bar. Perused the material available on record. 5. This Court is conscious of the order dated 12.05.2023 issued by the Department of Home (Group- 10), Government of Rajasthan, Jaipur. The order dated 12.05.2023 is reproduced below for ready reference:- ^^jktLFkku ljdkj x`g ¼xqzi&10½ foHkkx Øekad% i-16 ¼01½x`g&10@2023 ikVZ&12878 t;iqj] fnukad%&12-05-2023 vkns'k bl foHkkx ds lela[;d vkns'k 11-05-2023 ds uksV esa ;g of.kZr gS fd ^^x`g ¼xqzi&9½ foHkkx ds vkns'k Øekad i-33 ¼2½ x`g&9@2019 ikVZ t;iqj fnukad 12-05-2022 ds }kjk jktLFkku vkink izcU/ku vf/kfu;e 2005 ;k jktLFkku egkekjh vf/kfu;e 2020 ;k jktLFkku egkekjh vf/kfu;e 2020 lgifBr Hkkjrh; n.M lafgrk 1860 dh /kkjk 188] 269] 270] 271] 272] 323] 336] 341 ds vUrxZr yfEcr izdj.k dks Hkh izR;kagr (withdraw) fd;k tk;sA** mDr uksV esa ls /kkjk 323 o 341 Hkkjrh; n.M lafgrk dks foyksfir fd;k tkrk gSA ;g vknsf'kr fd;k tkrk gS fd /kkjk 323 o 341 Hkkjrh; n.M lafgrk esa ntZ izdj.kksa dks izR;kagr (withdraw) fd;s tkus dh dk;Zokgh ugha dh tkosA lgh@& ¼jfo 'kekZ½ 'kklu lfpo] x`g ¼fof/k½^^ 6.
It is not disputed before this Court that the petitioners are permanent residents of Village Badi Sadri, District Chittorgarh. As per the prosecution, the petitioners are alleged to have violated the restrictions imposed by the government, to prevent the spread of Corona Virus (Covid-19). However, there is nothing on record to show that the petitioners had intentionally committed any act to spread the infection of any disease. 7. True it is, that the petitioners ought to have followed the guidelines issued by the government to prevent the spread of Corona Virus (Covid-19) and should not have participated in the religious procession but then asking them to face prosecution once the restrictions imposed by the government on citizens to combat Corona Virus (Covid-19) have been uplifted will be too harsh, particularly when there is nothing on record to indicate that the petitioners had hatched a criminal conspiracy to intentionally violate the instructions of the government officials, imposed to fight with the infectious disease. 8. As notice above, Government of Rajasthan has also taken a decision to withdraw all the cases filed for similar offences against the residents of State of Rajasthan, at the time when the infectious disease (Covid-19) was spreading and the public at large was combating with the said infectious disease. 9. In view of the aforesaid discussion, no prima facie case is made out against the present petitioners for the alleged offences. 10. Consequently, the impugned FIR No.212/2021, registered at Police Station Badi Sadri, District Chittorgarh and all the proceedings arising out the same are quashed and set aside qua the petitioners. 11. All pending applications also stand disposed of.