Sm Rashida Baigam W/O Gulabmohmed Babakhan Vs the State of Karnataka through

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.497/2020 PENDING ON THE FILE OF JMFC -II COURT, BELAGAVI FOR THE OFFENCES UNDER SECTIONS 13, 14(b) OF THE FOREIGNERS ACT AND 3 OF EPIDEMIC DISEASE ACT ARISING OUT OF CRIME NO.38/2020 MALAMARUTI P.S. BELAGAVI, AGAINST THE PETITIONER/ACCUSED NO.3, TO MEET THE ENDS OF JUSTICE AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:8955 CRL.P No. 102150 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard Shri Mahantesh S.Hiremath., the learned

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counsels for the petitioner and Shri Jairam Siddi., the learned High Court Government Pleader for the respondent – State.

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The petitioner – accused No.3 has filed this petition under Section 482 of Cr.P.C., [528 of BNSS, 2023], praying to quash the entire proceedings in C.C.No.497/2020, pending on the file of learned JMFC-II Court, Belagavi in connection with Malamaruthi Police Station Crime No.38/2020, registered for the offences punishable under Sections 13, 14(b) of the Foreigners Act and Section 3 of the Epidemic Diseases Act.

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Brief facts of the prosecution case is as under;

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The de facto complainant lodged a complaint before the respondent-police, alleging that on 06.04.2020, he received credible information that on 17.03.2020, at about

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HC-KAR

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2:00 p.m., at Masjid-E-Julhulaifa, Ramtirth Nagar, Belagavi, accused No.1, Mahyuddin Muhammad Yakub, a resident of Indonesia, was present in the said Masjid and had travelled to various places including Delhi and Mysuru. Accused No.3 had insisted or facilitated the travel and presence of accused No.1. Based on the said complaint, a case was registered, which led to the registration of FIR and initiation of investigation.

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On the basis of the complaint, respondent - Police have registered a case in Crime No.38/2020 for the aforesaid offences. The Investigating Officer conducted investigation and filed the charge-sheet. The petitioner is accused No.3. Taking exception to the same, the petitioner has filed this petition.

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Perused the material available on record.

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Upon perusal of the entire material available on

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record, it appears that the de facto complainant has not made any allegations against petitioner-accused No.3 that

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NC: 2025:KHC-D:8955 CRL.P No. 102150 of 2025

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HC-KAR

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she has committed alleged offences. The charge-sheet materials also do not make out any ingredients of the provisions of Section 3 of Epidemic Diseases Act, more particularly, petitioner-accused No.3 is concerned. Further, petitioner-accused No.3 had undergone Covid-19 test on 02.06.2020 and it was negative. Therefore, Section 3 of Epidemic Diseases Act will not apply to her.

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The FIR was registered by Malamaruthi Police, Belagavi City, against accused No.1, who is foreign national, for violation of 18 conditions of Visa and against other Indian nationals for abatement of violation of such conditions. Admittedly, accused No.1 is the national of Indonesia and visited India during the on set of Covid-19 pandemic. The allegations against accused No.1 is that he indulged in propagation and preaching of religious thoughts to the localities by staying in the Delhi Markad Nijamuddin Masjid on 09.03.2020.

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HC-KAR

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The petitioner has already tested negative for

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COVID-19, as evidenced by the COVID-19 test result dated 02.06.2020, which undermines any possibility of her being a threat under Section 3 of the Epidemic Diseases Act. The prosecution has failed to provide any evidence linking her actions with the spread of COVID-19. The only allegation against the petitioner – accused No.3 is that she assisted and urged accused No.1 to stay at the mosque. There is no substantial evidence to support the allegations against accused No.3. Therefore, the proceedings against her should be quashed in the interest of justice. Accordingly, I proceed to pass the following:

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ORDER

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The criminal petition is allowed .

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The impugned entire criminal proceedings in C.C.No.497/2020, pending on the file of learned JMFC-II Court, Belagavi in connection with Malamaruthi Police Station Crime No.38/2020, registered for the offences

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HC-KAR

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punishable under Sections 13, 14(b) of the Foreigners Act and Section 3 of the Epidemic Diseases Act, 1897, insofar as petitioner-accused No.3 is concerned, are hereby quashed.

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In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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Sd/(VENKATESH NAIK T) JUDGE

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AM/CT-AN List No.: 1 Sl No.: 35

Sm Rashida Baigam W/O Gulabmohmed Babakhan v. the State of Karnataka through

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Sm Rashida Baigam W/O Gulabmohmed Babakhan v. the State of Karnataka through

Case brief

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