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2020 Supreme(Guj) 758

GITA GOPI
Parshottambhai Odhavjibhai Solanki – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh O Gidiya(5222)
For the Respondent: Mr. Pranav Trivedi, Addl. Public Prosecutor(2)

JUDGMENT :

1. Challenge in this petition filed under section 482 of the Code of Criminal Procedure, the petitioner has prayed to quash and set aside the order passed by the learned Judicial Magistrate First Class, Jasdan in N.C. Case No.29 of 2014 dated 10.12.2015 whereby the offence under section 171E of the Indian Penal Code was registered against the petitioner and summons was ordered to be issued.

2. The facts in brief are as under;

In connection with the Bye-Elections to the Legislative Assembly scheduled on 30.04.2014, the District Magistrate had constituted two teams, i.e. Flying Squad and Static Surveillance Team, for maintaining a watch over the election process. The complainant herein was a member of the Flying Squad. It appears that on 22.04.2014 the petitioner herein, who was nominated as a star campaigner by the political party – Bharatiya Janta Party (BJP) arrived at Jasdan at around 1310 hrs. in a Helicopter Party for the purpose of canvassing a candidate belonging to the said political party. At that time, the members of the aforesaid two teams were present at the Helipad. It appears that the petitioner, along with his security personnel, got into a car belonging to on

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