A private prosecution brought by a Victorian man against Premier Daniel Andrews has been struck out by the court.

The prosecution brought by Anthony Herman, alleging Mr Andrews was “concealing an overt act of treason”, was due to be heard in Myrtleford Magistrates Court on Friday morning.

It’s understood Mr Andrews, who was this week ordered to test and isolate after coming into contact with a COVID-19 positive case, did not attend in person or online.

• Premier negative for COVID after close-contact scare

The online hearing cut out before the matter was heard but AAP has confirmed the case was struck out.

The magistrate issued an order noting “charge issued not served”.

Criminal procedure rules require charges brought against a person be served on them. Magistrates have the discretion to discontinue proceedings where there has been a failure to comply.

In private prosecutions it’s also possible for prosecutors to take charge over the proceeding.

They have the option of continuing the prosecution themselves or discontinuing it, which is what occurred earlier this year when a private prosecution was brought against Victoria’s chief magistrate Lisa Hannan.

More than 900 people attended the online hearing, including many who oppose Mr Andrews and Victoria’s coronavirus regulations.

It quickly descended into chaos with people talking, sharing their screens and posting images of Mr Andrews.

One image styled Mr Andrews as North Korean leader Kim Jong-un.

The massive number of people in the online hearing caused delays in the Premier’s case and others due to be heard in the small local court.

“Seriously, this is a joke. Some of us are here for legitimate court cases and are being held up by all of you and the palava you are creating. Find another focus and move on,” one woman said.

Throughout the pandemic, those in online meetings have become used to being told “you’re on mute”. But on Friday the opposite occurred, with dozens of participants seemingly unable to mute their microphones.

Some took phone calls, others used it as a chance to share the rally cry “sack Dan Andrews” and one person observed it had become “a clown show”.

Some speculated it was a conspiracy designed to distract from the actual hearing, sharing their theories in the chat function.

“Is this a decoy? Where is the judge,” someone with the username Sovereignlaw wrote.

“Looks like a fake meeting to me. Just to piss people off,” Debbie added.

One woman going by the name Tracey Lucas said it was nice to see everyone on the link.

“We all want the same thing. Dan Andrews and the government to go down,” she said.

Outside court, a crowd of about 100 protesters gathered for the case.

Victoria Police confirmed one man was arrested for unrelated matters.

-AAP