The Allahabad High Court last week quashed criminal proceedings against two persons who were booked after allegedly visiting the Nizamuddin Markaz in Delhi during the COVID-19 pandemic.

The Court observed that they were "falsely implicated" on the basis of "presumption and assumption".

A Bench of Justice Dr Gautam Chowdhary thus allowed the Section 528 BNSS plea filed by Faizan and another accused, challenging the chargesheet and subsequent proceedings pending before the Additional Chief Judicial Magistrate, Jaunpur.

Briefly, an FIR was lodged on April 2, 2020, by the In-charge Inspector of Shahganj Police Station, Jaunpur, alleging that the two applicants had gone to Hazrat Nizamuddin Markaz in Delhi to attend a religious gathering and, upon returning, were allegedly residing secretly at their homes with their family members.

The FIR further alleged that there was apprehension that they might have contracted coronavirus and could consequently infect others.

When questioned, the applicants allegedly admitted that they had gone to Delhi for the religious gathering.

They were medically examined and sent to a quarantine centre, following which the FIR was registered under Sections 188, 269 and 307 IPC, Section 51(b) of the Disaster Management Act, 2005, and Section 3 of the Epidemic Diseases Act, 1897.

The Counsel for the applicants argued before the High Court that the FIR had been lodged on false and frivolous allegations, based on an apprehension that they were infected with coronavirus and could infect others.

It was further submitted that after the FIR, the investigating agency recorded statements from the complainant, police personnel, and the doctor before filing the chargesheet in a "perfunctory manner".

The concerned court thereafter took cognizance and summoned the applicants.

Importantly, the doctor who examined the applicants had sent them to the quarantine centre, but their coronavirus tests subsequently came negative.

The State's counsel did not dispute the facts asserted on behalf of the applicants.

High Court's observations

After examining the material on record, the High Court noted that the FIR had been lodged on the apprehension that the applicants might have been infected with coronavirus and that their conduct could result in others being infected. However, their tests had turned negative.

In view of this, the Court remarked thus:

"Thus, it is crystal clear that the applicants have been falsely implicated in the case with false and frivolous allegations due to ulterior motive and malafide intently and only on the basis of presumption and assumption".

The Court further stated that allowing the proceedings to continue would result in "abuse of process of court as well as process of law" and that no prosecution could lie against the applicants in such circumstances.

The High Court also relied on the Supreme Court's Judgments in State of Haryana v. Ch. Bhajan Lal and Prashant Bharti v. State (NCT of Delhi).

Hence, finding that the present case was squarely covered by the principles laid down in those judgments, the Court allowed the application and quashed the entire proceedings against the two applicants.

Case Title - Faizan And Another vs. State of U.P. and Another 2026 LiveLaw (AB) 739

Case Citation: 2026 LiveLaw (AB) 739

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