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The Gujarat High Court on Tuesday issued a notice to the state authorities on a petition moved by the state Congress working president, Hardik Patel, to quash an FIR filed in December 2017 at Bopal police station in Ahmedabad, for taking out a roadshow.
Notice has additionally been issued to the complainant within the case, Rambhai Makwana. The matter has been stored for additional listening to for January 12, 2021.
Patel, who was represented by advocate Anand Yagnik, submitted that an FIR “under section 188 is not maintainable because the public servant who promulgated the order and whose order is violated can only file a complaint before the Magistrate upon which the Court can take cognisance…”. Yagnik mentioned that “four high courts in India have held that an FIR is not maintainable in such cases”.
The 15-km roadshow from Bopal to Nikol handed by a number of localities dominated by the Patidar neighborhood in Ahmedabad and was taken out after police refused to grant permission.
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