JUDGMENT :

1. Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respective parties. Respondent No.2 – original complainant is the Circle Officer, Aslali Division, Office of Mamlatdar, Daskroi, Ahmedabad.

2. The present petition has been filed under Article 226 of the Constitution of India and under section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) for quashing and setting aside the complaint being FIR No.II/325/2017, dated 19.12.2017 registered with Bopal Police Station, Dist.: Ahmedabad for the offences punishable under section 188 of IPC, charge-sheet, Criminal Case No.4708 of 2018 and the proceedings initiated pursuant thereto.

3. The petitioner is arraigned as accused no.3 along with other two accused namely Rajubhai Natvarbhai Patel – accused no.1 and Sureshbhai Narendrabhai Patel – accused no.2. It is alleged in the FIR that Rajubhai Natvarbhai Patel and Sureshbhai Narendrabhai Patel had requested permission to carry out rally, which was rejected by way of communication dated 10.12.2017.

3.1 On 11.12.2017, without taking any permission, the accused persons along with other persons including tha