LAWS(GJH)-2020-6-36

JAGDISHBHAI BHURABHAI SUKHADIYA Vs. STATE OF GUJARAT

Decided On June 17, 2020
Jagdishbhai Bhurabhai Sukhadiya Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr Jinesh Kapadia for the petitioner and learned Additional Public Prosecutor Ms. C.M. Shah for the respondent- State through video conferencing.

(2.) By this petition under Articles 226 and 21 of the Constitution of India read with section 482 of the Code of Criminal Procedure, the petitioner has prayed for the following reliefs :

(3.) Brief facts of the case are that the petitioner is residing in Shridhar Flora society, Nikol, Ahmedabad. Respondent no.2 who is a health worker with Ahmedabad Municipal Corporation filed complaint on 18th May, 2020 stating that he had gone to the society of the petitioner for checking about corona disease at around 9:30 in the morning as one of the resident of the society Mr. Aniktbhai Patel was corona positive. After entering the details in the register of the society, he had entered in the society and he saw that five to six persons were standing near the security cabin, out of which one person was not having mask on his face. The complainant therefore, asked the person without mask to put on the mask but the persons gathered there started using foul language and slapped the complainant. In the meanwhile, the chairman of the society had also come and he also took side of the residents of the society. Thereafter, the complainant inquired the name of the persons gathered there from the security guard and on getting the names, complaint was filed including the petitioner being FIR No. 11191015200569 dated 18.05.2020 before Nikol police station, Ahmedabad city for offences punishable under sections 143 , 149 , 332 , 186 , 188 , 270 and 506(1) of the Indian Penal Code.