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2022 Supreme(Guj) 1838

NIRAL R. MEHTA
Amit Hiteshbhai Pandya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr Jal Soli Unwala, Senior Advocate, With Ms Tejal A Vashi
For the Respondent: Mr Mitesh Amin, Public Prosecutor, With Ms Moxa Thakkar,
APP

JUDGMENT :

1. By way of this petition, the petitioner seeks to invoke jurisdiction of this Court under Article 226(2) of the Constitution of India, challenging, inter alia, the order dated 4th May 2022 passed in CRM/1306/2022 passed by the learned Judicial Magistrate First Class, Fatehgarh Sahib, Punjab; by which the learned J.M.F.C, Fatehgarh Sahib, Punjab has directed to block the following links with immediate effect:

    I. https://www.facebook.com/AdikhamGujarat/

II. https://www.facebook.com/bharatvikas

III. https://www.facebook.com/ForBJPGujarat

2. Brief facts giving rise to the present petition can be narrated as under:

[2.1] The petitioner claims himself to be engaged in social activities and associated with (i) Nation First Foundation as Trustee, Gandhinagar, (ii) Niharika Art Foundation – Trustee, Vadodara, (iii) Udgam Charitable Trust – Consultant, (iv) Indian Lions – Member (v) Swarveena – Coordinators, (vi) Bhartiya Janta Party , Gujarat – Incharge, Social Media North Zone.

[2.2] Pursuant to his social activities, the petitioner has created and managing community page on facebook namely “Adikham Gujarat”, wherein various posts are being pasted about Gujarat’s governance, measure

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