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2024 Supreme(Online)(GUJ) 9389

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
MANDIP GOPALBHAI ZALAVADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. Considering the facts and circumstances of the case, this matter is taken up for final disposal forthwith.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being FIR No.11203037200171 of 2020 registered with Manavadar Police Station, Junagadh, for the offences under Sections 188, 153AA, 153A(2), 153B(1)(c), 295A and 505(1)b of the IPC and under Section 54 of the Disaster Management Act, 2005 and Criminal Case No.346 of 2020 and all the consequential proceedings arising therefrom.

3. The facts, in a nutshell, of the present case is as under: In the present case, applicant is only an accused. As per the allegations made in the FIR, it appears that on 31.03.2020 at 4.46 P.M. applicant posted on Social Media that “Mandirose dan Masjitose corona”, thereafter, second time, on the same date at 11 P.M., he posted that “Sahinbag- Masjid-Corona- Desdroh kitne milte julte sabdah he.. na..!!!,”. Thereafter, on 03.04.2020 at 10.34 A.M., he posted on photo of corona virus wear muslim hat. In this regard complaint is lodged. Thereafter, he surren

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