The Gujarat High Court Tuesday disposed of a pending petition by former Patidar agitation leader Hardik Patel seeking quashing of a 2018 FIR lodged in Patan in view of a Chanasma court dated January 9 that ordered that the proceedings be dropped against the sitting BJP MLA and another accused.
Taking into account the Chanasma judicial magistrate first class’ order, the HC Tuesday noted that the matter has become “infructuous” and hence, disposed of the petition moved by Hardik in 2021.
An FIR was lodged in January 2018 under IPC Sections 188 (disobedience to order duly promulgated by public servant) and 114 (abettor present when offence is committed) following a complaint by the then district magistrate Kishorbhai Gadhvi.
Hardik and the co-accused in the case Yogesh Patel had filed an application before the Chanasma magistrate court seeking a closure to the proceedings, on the ground that the court could have taken cognisance of the said offences only upon a written complaint made by the jurisdictional public servant and not on the basis of the FIR and the subsequent charge sheet that was filed.
Taking into account the same, the Chanasma court on January 9 dropped the proceedings against Hardik and Yogesh observing that in accordance with CrPC section 195(1)(A) provision the court could not have taken cognisance of the chargesheet filed.
According to the affidavit filed by Hardik before the 2022 Gujarat Assembly elections declaring criminal cases against him, the Viramgam MLA has 21 cases pending that now stands at 20 with the latest dropping of proceedings in the Chanasma case.
