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In the cases launched against a student for not wearing a mask, the court visualised the difficulties of the pending prosecution and the effect on education.
A division bench comprising Justice Nitin Jamdar and Justice N.R Borkar, of the Bombay High Court asked the prosecutor, what is his stand for prosecutions launched against the people for not wearing masks as the pandemic prevalent since January 2021 is no longer present.
The court was hearing a petition filed by Yogesh Khandare for quashing of FIR registered by Dahisar Police under sections 188 and 269 of the IPC 1860 read with sections 37(1) and 135 of the Bombay Police Act, 1951.
The advocate for the petitioner submitted to the court that the petitioner was not with the other five persons against who a case of unlawfully and negligently spreading infectious diseases is filed. That at the most the allegation in the FIR would be of not wearing a mask. He also stated that the petitioner is a student indenting to pursue higher studies/career.
On a query being posed before the public prosecutor by the court regarding the prevalent situation of the pandemic, the public prosecutor stated that once the prosecution is launched and a charge sheet is filed, it is not possible to make a statement on behalf of the prosecution. However, he said that the State can look into the course of action to be adopted for an offense such as the one in the present case.
The court directed the public prosecutor to place a copy for consideration before the Home Secretary, State of Maharashtra and has kept the matter for 13 September 2022 for directions.
Case Title: Yogesh Tanhaji Khandare versus State of Maharashtra
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