NEUTRAL CITATION
R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14602 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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NARAN BHARU SHEDA (GADHVI) & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR SIRAJ R GORI(2298) for the Applicant(s) No. 1,2
MR HARSHADRAY A DAVE(3461) for the Respondent(s) No. 2
MR BHARGAV PANDYA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/10/2023
ORAL JUDGMENT
1. This is an application filed by the present applicants praying to quash and set aside the FIR being II- Page 1 of 8 Downloaded on : Sat Oct 07 20:46:13 IST 2023
NEUTRAL CITATION R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023 undefined C.R.No.306 of 2016 registered with Mundra Police Station, West Kutch for the offence punishable under Section 504, 506(2) and 114 of the Indian Penal Code and Provisions of Special Economic Zone Act, 2005 ('the SEZ Act' hereinafter) and Special Economic Zone, Rules.
2. It is the case of the prosecution that on 03.05.2015, the complainant and one Shri Sunil Kumar Yadav were on the duty from 07:00a.m. in the morning. They were on the duty near to the Aadani Power Plant. On the way of Mundra Adani Port from Adani Power Plant on the main road, there is a Kachcha Road leading towards the Creek. It is averred from the FIR that Kachcha Road lead to SEZ area therefore, barricades have been installed to restrict the movement of the public. So far as the fishermen are concerned, they were issued the passes for entering into the said area. It is alleged in the FIR that around 11:00a.m. two persons came there on the bike having sticks on their hands. When the inquiry was made by the complainant about where they want to go, both the persons had informed to remove the barricades and informed that they want to enter inside. On asking their Page 2 of 8 Downloaded on : Sat Oct 07 20:46:13 IST 2023 NEUTRAL CITATION R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023 undefined name, they got angry and started abusing complainant and his colleague, who were present at the place of offence. Thereafter, they had raised their hands with the sticks to beat them and threatened them if, the complainant will try to stop them, they would be killed him, thereafter they went inside on their bike. After half an hour, both the persons came back on their bike and taking photographs from their mobiles and started abusing to the complainant. When their names were asked. Again, they had informed that one is Naran Gadhavi and another is Ram Gadhavi of village Zarpara. At that point of time, the other peoples gathered there however, both the accused persons had started abusing the peoples gathered and raised their hands with sticks to beat them. It is further alleged that one of the person who was present, namely, Mahipalsinh was also abused and threatened by the applicants-original accused and informed that if they would not give the place they would be killed them. With the aforesaid allegations, the FIR came to be lodged which is impugned before this Court. During the pendency of the application, it is informed that charge-sheet is filed on 02.08.2014 which was Page 3 of 8 Downloaded on : Sat Oct 07 20:46:13 IST 2023 NEUTRAL CITATION R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023 undefined numbered as Criminal Case No.1058 of 2014. It is further informed that after filing of the charge-sheet, no trial has been proceeded as there was a stay granted by this Court vide order dated 25.09.2019.
3. Heard the learned advocate Mr.Siraj Gori for the applicant, learned Additional Public Prosecutor Mr.Bhargav Pandya for respondent No.1 State, learned advocate Mr.Harshadray Dave for respondent No.2.
4. It is contended by the learned advocate Mr.Siraj Gori for the applicants that both the young boys were falsely implicated in the FIR and the allegations which are made in the FIR that they had on their bike having stick on their hands is not believable as driver of the bike would not be able to hold the stick on his hand as he has to run the bike. Learned advocate Mr.Gori further submits that the way where the barricades were installed i.e. the way of temple of Baradi Mata where the applicants want to go. Due to the barricades, they were restricted. However, subsequently they went to the temple and thereafter returned, but the incident mentioned in the FIR had never occurred.
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NEUTRAL CITATION R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023 undefined 4.1. Learned advocate Mr.Gori further submits that both the young boys, who are the applicants before this Court are the residents of small village Zarpara. The allegation which was made in the FIR is with regard to the threatening to the complainant and his colleagues who were present is without any basis as if they are having stick on their hands they must have assaulted with that. However, on bare reading of the FIR there is no such allegation made against the applicants. 4.2. Learned advocate Mr.Gori further relies on the photographs, which are the part of the application, wherein it transpires that around 10 to 15 persons gathered and these two boys were on the middle of the road, which also indicates that there was no any incident which is mentioned in the FIR ever occurred. 4.3. Learned advocate Mr.Gori further submits that ingredients of Section 503 of the Indian Penal Code is also missing from the complaint as there was no any injury which was caused to the complainant or any other person by the applicants.
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NEUTRAL CITATION R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023 undefined 4.4. In view of above submissions, learned advocate Mr.Gori prays to allow this application and to quash the impugned FIR.
5. On the other hands, learned advocate Mr.Harshadray Dave for the respondent No.2 submits that as the FIR was culminated in to the charge-sheet, at this stage, no interference is required as ultimately it is for the trial Court to appreciate the evidence and to render judgment. Learned advocate Mr.Dave further submits that the FIR which was alleged to have been filed on the same day and there is no any reason for any false implication of the applicants in the alleged FIR.
5.1. In view of above, learned advocate Mr.Dave submits that not to interfere with the proceedings and prays to dismiss the application.
6. Learned APP Mr.Bhargav Pandya submits that during the investigation, the remand was sought, however no any sticks nor the bike was recovered. The statements of the eye witnesses were recorded, which reveal that offence is Page 6 of 8 Downloaded on : Sat Oct 07 20:46:13 IST 2023 NEUTRAL CITATION R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023 undefined committed. Learned APP further submits that as the charge-sheet is already filed, at this stage, interference would amount to stwalling of the trial. Therefore, he prays to dismiss the application.
7. Considering the submissions made by the learned advocates for the respective parties, bare reading of the FIR reveals that the applicants were alleged to have the stick on their hands and riding on the bike. There was no injury mentioned in the FIR as caused by the applicants. It further transpires from the FIR that the public way was restricted by the complainant and his company, as from the FIR it transpires that the barricades were installed on the public road and the public peoples were restricted to pass from the road.
8. It transpires that general allegation to attract the provision is stated in the FIR. It further transpires that number of peoples were gathered at the place where these two persons want to pass from the road. Therefore, it is also a doubtful story and not believable that applicants had tried to intimate to the complainant as well as his colleagues.
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NEUTRAL CITATION R/CR.MA/14602/2014 JUDGMENT DATED: 06/10/2023 undefined
9. Though it is mentioned in the FIR that present applicants have made abusive language and uttered a word that land is not belonging to anyone's father, except that there is no other word mentioned in the FIR with regard to the allegation of intentional insult.
10. This Court is of the view that the said word would not be constituted the offence of intentional insult and in absence of the other words, it is difficult for this Court to decide that whether those words which are used amount to any intentional insult. Therefore, this Court is of the opinion that continuation of proceedings would be abuse of process of law and therefore the same is required to be quashed.
11. Resultantly, present application is allowed. The FIR being II-C.R.No.306 of 2016 registered with Mundra Police Station, West Kutch is quashed and set aside with all consequential proceedings. Rule is made absolute accordingly.
(M. K. THAKKER,J) M.M.MIRZA Page 8 of 8 Downloaded on : Sat Oct 07 20:46:13 IST 2023