YAKUBBHAI AMIRHUSSAIN KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.

(2.) It is the case of the petitioner that petitioner is the owner of the aforesaid weapon and it is duly registered with the concerned department of the Government. He is, therefore, before this Court.

(3.) The case of the prosecution is that PSI of Mahuva Police Station received one application dtd. 22/1/2022 from one Shaileshbhai Joliya stating that, on 21/1/2022 there was an election for the post of Up-Sarpanch in Naip Village, Taluka: Mahuva and in the noon one Vijaysinh Makwana was declared to be elected as Up-Sarpanch and therefore, the present applicant and others have taken out procession in public with open fire arms without any permission and photographs thereof were produced by the applicant i.e. Shaileshbhai Joliya on 22/1/2022. That on perusal of it as well as media reports, since the Government has declared the Covid-19 Pandemic as worldwide pandemic and with a view to curb the spread of Corona Virus, the Government through District Magistrate issued guideline dtd. 12/1/2022 and therefore, all the above persons without permission have taken out procession in violation of above guidelines and have committed breach of it and therefore, the complainant has lodged the FIR in question.