KANTIBHAI RESHMABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for quashing and setting aside the FIR being C.R. No. 11824004201084 of 2020 registered at Songadh Police Station, District :- Tapi for the offence under Sec. 188 , 269, 270 and 308 of the Indian Penal Code and 131 of the Gujarat Police Station, sec. 51(B) of the Disaster Management Act and sec. 3 of the Epidemic Disease Act.

(2.) By consent of learned advocates for the parties, the matter was taken up for hearing. Hence, RULE. Learned APP Ms. M.D . Metha waives service of notice of rule for and on behalf of the respondent - State.

(3.) It is the case of the petitioners that the petitioners belong to tribal community and during the pandemic of Covid 19 as per the news reports published in social media and electronic media that in an area under Songadh Police Station, there was a Tulsi-vivah function and in that function number of people met for a get together and during primary investigation, it was found that on 30/11/2020 Tulsi-Vivah function was scheduled and as the people gathered to attend the function, the same was in violation of guidelines issued by the Government in respect of Covid -19 pandemic and accordingly, the FIR was registered against one Jitubhai Gamit and thereafter, during the course of investigation, involvement of the present petitioners was found and therefore, the present petitioners have preferred this petition for quashing the aforesaid FIR.