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Gujarat High Court Restrains Police From Filing Chargesheet Against Lawyer Accused Of Threatening Govt Official
Udit Singh
19 Feb 2023 9:58 AM GMT
The Gujarat High Court recently stayed the filing of chargesheet against a practising advocate against whom an FIR was filed by a government official alleging that he had threatened the authorities while they were discharging their official duties.“Having regard to the facts and circumstances of the present case, prima-facie, it appears that, being professional advocate, he was called...
The Gujarat High Court recently stayed the filing of chargesheet against a practising advocate against whom an FIR was filed by a government official alleging that he had threatened the authorities while they were discharging their official duties.
“Having regard to the facts and circumstances of the present case, prima-facie, it appears that, being professional advocate, he was called for fixing the date of notice and was present there with other persons," said the court.
Justice Ilesh J. Vora directed the investigating officer to not file chargesheet against the petitioner without prior permission of the court. However, the court said, "I.O. is at liberty to proceed against the co-accused in accordance with law."
According to the case details, a government official came to the lawyer's locality to serve a notice under Section 61 of the Gujarat Land Revenue Code to vacate the land near Vishwakarma Nagar. The petitioner, being an advocate, was called upon by local residents and took objection against the service of the back dated notice since it would have adversely affected the rights of the parties.
The notice dated 02.05.2022, being served on 04.10.2022, required the parties to remain present before the authorities on 23.05.2022, as per the petition.
An FIR was registered on 05.10.2022 against the petitioner under Sections 143, 186, 189, 294(b), 342, 384, 506(2), 147, 149 of IPC in relation to the said incident. The allegation against the petitioner is that he along with 250 other unknown accused persons threatened and abused the local authorities who went to serve notice.
The petitioner was granted anticipatory bail by the Sessions Court Ahmedabad on 13.10.2022.
The petitioner approached the High Court to quash the impugned FIR on the ground that there is no prima facie case made out against him and that there are vague and general allegations against him.
In the petition seeking quashing of the FIR, the petitioner has argued that there was a delay of one day in lodging the FIR and the same suffers from material suppression of facts that entire altercation took place between the locals and authorities and the petitioner being advocate was called upon by the local persons.
He further submitted that he was not present at the time narrated in the FIR which can be seen in the CCTV footages.
Case Title: Narendrakumar Rupchand Bairawa v. State of Gujarat
