NARASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The police, after the investigation, laid the charge sheet for the offences punishable under Ss. 188, 269 of IPC and Sec. 5(1), 5(2), 5(3) of the Karnataka Epidemic Diseases Act, 2020 (for short 'Act').

(2.) The summary of the charge sheet is that, on 22/4/2021, the accused herein having obtained permission for conducting the marriage with fifty members, however, celebrated the marriage with around 200 to 300 members during COVID-19 pandemic. The learned Magistrate, after accepting the charge sheet, took the cognizance of the aforesaid offences. Taking exception of the same, this petition is filed.

(3.) The learned counsel for the petitioners - accused Nos.1 to 4 submits that, Sec. 9 of the Karnataka Epidemic Diseases Act, 2020 specifies that, investigation of a case under sec. 5 or Sec. 6 shall be completed within a period of thirty days from the date of registration of the first information report. However, in the instant case, the police laid the charge sheet after nearly four to five months from the date of registration of FIR. Hence, he submits that, the charge sheet laid in violation of Clause (iii) to Sec. 9 of the Act stands vitiated.