1. This revision petition has been filed for setting aside judgment
and order dated 06.09.2023 passed by learned Sessions Judge, Moga,
whereby the judgment and order dated 01.09.2022 passed by learned
Judicial Magistrate Ist Class, Baghapurana in case FIR No.26, dated
12.04.2020, under Sections 188 and 269 of IPC and Section 51 of Disaster
Management Act, 2005 was upheld.
2. The brief facts, as per report under Section 173 Cr.P.C., are that
on 12.04.2020, ASI Balwinder Singh along with other police officials were
present at the bridge of canal at Sekhan Kalan Road in connection with
checking due to Corona Pandemic Prohibitions. At that time, one car make I-
20 bearing registration No. PB04-U-8123 came from village Vairoke side.
The said ASI stopped the car and asked the petitioner to produce the pass to
move the vehicle during curfew but he could not produce the same. He was
also not wearing the mask. Accordingly, FIR was registered under Sections
188, 269 IPC and Section 51 of the Disaster Management Act, 2005. After
investigation and completion of necessary formalities, the accused was
arrested, released on bail, and the challan was presented before the learned
Illaqa Magistrate.
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