JAGATSINH LALJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been preferred by the Applicant / Original Accused No.1 under the provisions of Sec. 482 of the Code of Criminal Procedure, 1973 praying for quashing and setting aside the proceedings of Criminal Case No. 533 of 2013 arising out of an offence being II-CR No. 51 of 2012 registered with Mangrol Police Station, Surat (Rural).

(2.) Heard learned Advocate Mr. Ankit B. Pandya for the Applicant. Learned Advocate Mr. Pandya submitted that the present FIR has been lodged by the first informant, who, at the relevant time was working as Police-Sub- Inspector in Mangrol Police Station, Surat Rural. The incident as alleged in the FIR is to the effect that the accused, in the FIR, had burnt an effigy of a Member of Parliament while protesting against the selection of candidates for the ensuing Assembly Election by the Congress Party. The said protest was in violation of the Notification issued by the Election Officer, and therefore, the present FIR came to be lodged for an offence punishable under Sec. 188 read with Sec. 114 of the Indian Penal Code. Learned Advocate Mr. Pandya further submitted that in view of the provision of Sec. 195 of the Code of Criminal Procedure, the Court could not have taken cognizance of the offence on the basis of the FIR in question. He therefore submitted to allow the present Application.

(3.) The Application is opposed by learned APP Mr. J.K.Shah for the Respondent - State.