NAZIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has been charge sheeted under Sec. 269 of IPC and Sec. 51(1)(b) of the Disaster Management Act, 2005 alleging that the accused was granted permission to hold a public meeting at Mangalya Bhavan with the condition that the public meeting shall not consist for more than five hundred persons in view of on going COVID-19 pandemic. However, the accused conducted a meeting by assembling more than five hundred people. The learned Magistrate after accepting the charge sheet took the cognizance of the aforesaid offences. Taking exception to the same, this petition is filed.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.

(3.) Sec. 269 of IPC deals with the negligent act likely to spread infection of disease dangerous to life. In the instant case, no material is placed along with the charge sheet to substantiate that the petitioner has acted negligently or unlawfully, which is likely to spread the infection of any disease dangerous to life, utmost tantamount to violation of conditions. In the absence of the same, the cognizance taken by the learned Magistrate for the offence punishable under Sec. 269 of IPC is impermissible.