Solanki Dilipsinh Rupsinh vs State Of Gujarat
2021 Latest Caselaw 5137 Guj

        R/CR.MA/6179/2021                                        ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 6179 of 2021
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                        SOLANKI DILIPSINH RUPSINH
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MR PRADIP J PATEL(5896) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
 for the Respondent(s) No. 2
Ms. Monali Bhatt, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 15/04/2021

                              ORAL ORDER

Learned advocate for the applicants submits that the

applicants do not press this petition qua the offence u/s. 323,

504, 506(2), 341, 427, 114 of the IPC as well as u/s. 135 of

G.P.Act.

Permission as prayed for stands granted. This application

stands disposed of as not pressed qua the offence u/s. 323, 504,

506(2), 341, 427, 114 of the IPC as well as u/s. 135 of G.P.Act.

By way of present application, the applicants have prayed

to quash and set aside the FIR being CR No. 11207061210142

of 2021 registered with Shahera Police Station, Dist.

Panchmahal for the offence punishable under Sections 3(1)(r),

R/CR.MA/6179/2021 ORDER

3(1)(s), 3(2)(V-a) of Scheduled Caste and Scheduled Tribe

(Prevention of Atrocities ) Act, 1989 and further prayed to stay

the further proceedings thereof till final disposal of this

application.

Heard learned advocate for the applicants.

Having considered the arguments advanced by learned

advocate for the applicants and consent of the complainant, it

appears that previously, the applicant No.1 has filed compliant

in connection with the same offence on the very same day i.e.

CR.No. 1120706121013 of 2021 under Sections 143, 147, 148,

149, 504, 506(2), 323, 395, 427 of IPC and u/s. 135 of G.P.Act.

That, the basic ingredients of the offence under the provision of

Atrocities Act are not made out from the plain reading of the

FIR. In support of his arguments, learned advocate for the

applicants has relied upon the judgment of the Apex Court

rendered in case of Hitesh Verma Vs. State of Uttarakhand

& ors. reported in 2020(O) AIJEL-SC-66664. That, the name

of the present applicants are not disclosed in the impugned

complaint.

Issue requires consideration.

R/CR.MA/6179/2021 ORDER

Notice returnable on 8.7.2021. Learned APP waives

service of notice for and on behalf of the respondent No.1-

State.

No coercive actions shall be taken against the present

applicants by the Investigating Officer till returnable date qua

the offence punishable under Sections 3(1)(r), 3(1)(s), 3(2)(V-a)

of Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities ) Act, 1989. Investigating Officer may continue the

Investigation and applicants shall cooperate the investigating

officer in the investigation.

Registry is directed to send a copy of this order to the

concerned Police Station through Fax or Email forthwith.

(B.N. KARIA, J) BEENA SHAH