MONDI MALLIKARJUNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are accused Nos.1 and 2 in C.C.No.828 of 2020 in the Court of the Judicial First Class Magistrate, Rayadurgam.

(2.) The complaint against the petitioners was that they were moving around freely in Somalapuram Village violating the Covid-19 regulations. When they were questioned about their action, they had replied that they were entitled to move around wherever they wanted. On the basis of these facts charge sheet was filed against the petitioners under Sections 188, 353 read with 34 IPC along with Section 51 (B) of the Disaster Management Act.

(3.) Covid-19 Regulations were issued by the Government and subsidiary directions were issued by the respective District Collectors. In such a case, a complaint under Section 188 of IPC could have been filed only either by the District Collector or by an officer superior to the District Collector as required under Section 195 Cr.P.C.