LAWS(GJH)-2019-2-119

MOHMADMOHSIN MOHMADIRFAN CHHALOTIYA Vs. STATE OF GUJARAT

Decided On February 15, 2019
Mohmadmohsin Mohmadirfan Chhalotiya Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of the present writ petition under Section 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the petitioner seeks quashing of First Information Report (F.I.R.) being C.R. No.II-3036 of 2017 registered with Prantij Police Station, District Sabarkantha for the offences punishable under sections 186, 189 and 506(1) of the Indian Penal Code, 1860 (IPC).

(2.) The contents of the F.I.R. as mentioned in the memo of the application are as under:

(3.) Learned advocates Mr.Syed with Mr.Ansari appearing on behalf of the petitioner has submitted that the F.I.R. do not prima facie constitute any offence against the petitioner. It is submitted that a bare reading of the sections, under which the offences are alleged against the petitioner, clarify that the offence as alleged in the F.I.R. is not established. It is submitted that the clients of the petitioner were arrested at 10 a.m. on 18.05.2017 and the F.I.R. against them was lodged at 3:35 p.m. meaning thereby, that the petitioner had a valid reason to visit the Police Station at the request of his clients' relatives and represent them to secure their fundamental rights.