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
Page 1 of 2
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
Page 2 of 2