The Gujarat High Court on Tuesday issued notice to the state in a plea filed by Gujarat Congress Pradesh Committee working president Hardik Patel seeking quashing of proceedings and FIR lodged with the Bopal Police Station in 2017.
Counsel for Hardik Patel, Anand Yagnik submitted before the court that the FIR u/s. 188 is not maintainable because only a public servant who promulgated the order and whose order is violated can file a complaint before the magistrate following which the court can take cognizance.
Here, in this case, he said prosecution has been launched by lodging an FIR which is not maintainable.
The arguments that Hardik Patel’s counsel made
Citing a Gujarat High Court judgment Yagnik said that to prosecute an accused for an offence punishable under section 188 of IPC, it is mandatory to follow the procedure prescribed under section 195 of the CrPC.
The object of the provision is to provide for a particular procedure, which gives authority only to the public servant.
The allegations in the FIR refers to the incident in December 2017, where despite lack of permission Hardik Patel along with others held a rally in the Bopal-Ghuma area thereby violating the order promulgated by the Additional District Magistrate.
An FIR under section 188 of IPC was registered against Hardik Patel and others at Bopal Police Station on December 11, 2017.
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