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2024 Supreme(Online)(GUJ) 15712

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SURESHBHAI HADHUBHAI KANTHECHA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1,2 MR HK PATEL, APP for the Respondent(s) No. 1

Table of Content
1. covid-19 contact reporting (Para 1 , 2 , 3)
2. petitioners' innocence (Para 4)
3. fir unsustainable (Para 5)
4. allegations against petitioners (Para 6 , 7)
5. no mens rea established (Para 8 , 9 , 10 , 11 , 12 , 13)
6. application allowed (Para 14)

ORAL ORDER

1. By way of present petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), petitioners are seeking quashing of FIR being C.R. No. 11993004200453 of 2020, registered with Bhachau Police Station, Kachchh, for the offence punishable under Sections 188 , 505(1)b read with Section 114 of the Indian Penal Code, 1860 as well as Section 54 of the Disaster Management Act and also under Section 13(i) of the Gujarat Epidemic Disease Covid-19 Regulations 2020 alongwith all its consequential proceedings.

2. The brief facts of the case are that:

2.1 On May 4, 2020, during the COVID-19 pandemic, the complainant was performing important health supervision duties in Bhachau. Around 7:45 PM, Dr. Raghav Pandya from Bhachau Government Hospital called the complainant and informed him that certain individuals had come to the hospital, claiming they had been in contact with a COVID-19 positive case in Ahm

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