AMAN MANI TRIPATHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this petition is made to FIR No.0055 of 2020, Police Station Muni Ki Reti, Tehri Garhwal, chargesheet no.514 of 2020, dtd. 14/9/2020; the summoning/cognizance order dtd. 15/10/2020, passed in Criminal Case No.600 of 2020, State Vs. Vinay Sikarwal and Others, by the court of Judicial Magistrate, Narendra Nagar, District Tehri Garhwal ('the case"), as well as the entire proceedings of the case.

(2.) Heard learned counsel for the parties and perused the record.

(3.) According to the FIR, on 3/5/2020, the police intercepted three cars and signalled them to stop. The petitioner was one of the occupants in one of the cars. There were other persons also in those cars. The FIR records that all the occupants of the cars had no mask. 9 persons were permitted to travel, but there were three more persons in excess, in the cars. The FIR also records that it was against the guidelines of COVID-19 pandemic, as it could have further spread the disease. The FIR itself records that the petitioner, at the relevant time, was Member of the Legislative Assembly of Uttar Pradesh, and he had taken permission for attending post death rituals of the father of the Chief Minister of Uttar Pradesh.