The Gujarat High Court on Tuesday issued a notice to the state government on a petition moved by the state Congress working president, Hardik Patel, to quash an FIR filed in December 2017 at Bopal police station in Ahmedabad, for taking out a roadshow.
Notice has also been issued to the complainant in the case, Rambhai Makwana. The matter has been kept for further hearing for January 12, 2021.
Patel, who was represented by advocate Anand Yagnik, submitted that an FIR “under section 188 is not maintainable because the public servant who promulgated the order and whose order is violated can only file a complaint before the Magistrate upon which the Court can take cognisance…”. Yagnik said that “four high courts in India have held that an FIR is not maintainable in such cases”.
The 15-km roadshow from Bopal to Nikol passed through several localities dominated by the Patidar community in Ahmedabad and was taken out after police refused to grant permission.
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