SHIVPUTRA ANARAY SHRIGAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the applicant and the learned APP for State.

(2.) This is an application under section 438 of the Code of Criminal Procedure, 1973. The applicant herein is apprehending his arrest in Crime No. 118/2020 registered at Akkalkot North Police Station, Solapur.

(3.) It is the case of the prosecution that on 22/3/2020 the District Magistrate, Solapur had passed a prohibitory order under section 144 of Code of Criminal Procedure, 1973. That on 29th of March, 2020 there was a fair of God Parmeshwar in village Wagdari. It was customary for the villagers to gather at the temple. The police had requested the villagers not to assemble, as orders under section 144 of the Code of Criminal Procedure, 1973 were passed. That the police were trying to convince the mob. However, the people had opposed the same, raised their voices and had pelted stones at the police. On 30/3/2020 the police inspector lodged a report at the police station for offences punishable under sections 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 of the Indian Penal Code and under section 37(1) (3) read with section 135 and 139 of the Maharashtra Police Act and section 2, 3 and 4 of Epidemic Diseases Act, 1897 read with Rule 11 of Maharashtra COVID-19 Rules. Some of the accused were arrested by Akkalkot North Police Station.