Six years after pandemic, Allahabad HC quashes criminal proceedings against accused duo in Nizamuddin Markaz case

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The petitioners argued that the case against them was based on unfounded allegations, and that the investigation leading to the chargesheet had been conducted in an inadequate manner. | Photo Credit: The Hindu

More than six years after two men in Jaunpur were booked for allegedly visiting the Nizamuddin Markaz in Delhi during the COVID-19 pandemic, the Allahabad High Court, in an order passed on September 18, 2026, quashed the criminal proceedings against them, holding that the case was based on “presumption and assumption”.

Justice Gautam Chowdhary, in an order passed on September 18, 2026, quashed the FIR against Mohd Faizan and another man, noting that if the proceedings were allowed to continue, it would result in the “abuse of process of court as well as process of law”.

The two were booked under the Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897 along with other charges, including attempt to murder.

According to the First Information Report (FIR), the police received information that the accused persons travelled to Delhi to attend a religious gathering at the Hazrat Nizamuddin Markaz. It was alleged that upon returning, they stayed at their homes with their family members. There was apprehension that they could have contracted the coronavirus and potentially infected others, the police had claimed.

The petitioners argued that the case against them was based on unfounded allegations, and that the investigation leading to the chargesheet had been conducted in an inadequate manner. They also pointed out that although they had initially been quarantined, their subsequent COVID-19 tests had proved to be negative.

The State did not dispute the facts presented by the applicants.

“....it appears that the FIR was lodged with apprehension that applicants may be infected with coronavirus and there is apprehension that some other persons may also be infected from such virus due to the act of applicants, whereas, their test became negative. 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 mala fide intent, and only on the basis of presumption and assumption,” the court said.

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