SORABKHAN LALKHAN BALOCH v. DIRECTOR GENERAL OF POLICE GUJARAT
SCR.A/10549/2023 · 2025-06-17
Hasmukh D Suthar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5200 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5200 (GUJ) · dailylaw.ai ]
Judgment text
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R/SCR.A/10549/2023 ORDER DATED: 17/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10549 of 2023 ========================================================== SORABKHAN LALKHAN BALOCH Versus DIRECTOR GENERAL OF POLICE GUJARAT & ORS. ========================================================== Appearance: NABIL O BLOCH(7953) for the Applicant(s) No. 1 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 5 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/06/2025 ORAL ORDER When the matter is called out, learned advocate for the petitioner is absent however, with the assistance of learned APP, matter is taken up for final hearing. By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner has sought for directions to the respondents to prevent Mob Lynching. It appears that communication is made to the Human Rights Commission copy of which is sent to the respondent authority. It is needless to say that after 01.07.2024, for the offence of ‘Mob Lynching’ separate provision is made and offence is prescribed for in section 103(2) of the Bharatiya Nyaya Sanhita, 2023 which reads as under:
“103(2). When a group of five or more persons acting in concert commits murder on the ground of race, caste or
R/SCR.A/10549/2023 ORDER DATED: 17/06/2025 community, sex, place of birth, language, personal belief or any other ground each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine.” In view of above, no case is made out to entertain the present petition under Articles 226 and 227 of the Constitution of India. Hence, present petition is dismissed.
(HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/06/2025 19:02:05