RITURAJ GAUTAMCHAND MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.L.B. Dabhi waives service of Rule on behalf of the respondent-State.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-18 of 2017 registered with Sanand Police Station on 14th February,2017 against the present applicant-accused No.21 for the offences under Sections 143, 144, 145, 146, 147, 148, 149, 151, 152, 307, 323, 325, 326, 332, 333, 427, 120B of the Indian Penal Code, 1860 and Section 3 of the Damage to Public Property Act read with Section 135(1) of the Gujarat Police Act, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicant.

(3.) The first informant in the F.I.R. in question stated that there was a rally organised by farmers of 22 villages situated nearby Sanand as they were not getting adequate irrigation water. The farmers were to take out rally to go to Gandhinagar and Ahmedabad to make representations to the Chief Minister and the Collector. It was stated that several tractors and trolleys as well as jeep cars and other vehicles were brought at the place. The rally was planned to be taken out at 08.00 in the morning to go to Sanand Shantipura Circle via Bopal Ring Road and Vaishnodevi Circle was to reach to the office of the Chief Minister. For the purpose of seeking permission to take out rally the persons named in the F.I.R. had given an application. The complainant Police Inspector stated that the police department did not grant permission, therefore on the date of proposed rally, tight police security was arranged and several police officers are gathered at the rally site. The allegations proceeded to state that though there was no permission, persons named in the F.I.R. described as leaders, started with the rally.