Gujarat High Court
Diptiben @ Mithiben Vinubhai @ ... vs State Of Gujarat on 16 April, 2021
Bench: B.N. Karia
R/CR.MA/4554/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4554 of 2021
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DIPTIBEN @ MITHIBEN VINUBHAI @ LALO PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1,2
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1,2
MR MANAN MEHTA, APP for the Respondent-State
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 16/04/2021
ORAL ORDER
Under the instructions, learned advocate for applicants
does not press this application qua for the offence punishable
under Sections 323, 504, 506 and 114 of the Indian Penal
Code.
Accordingly, present application stands disposed of as
withdrawn qua for the offence punishable under Sections 323,
504, 506 and 114 of the Indian Penal Code.
By way of present application, applicants have prayed to
quash and set aside the FIR being C.R.No.11215014210086 of
2021 registered with Khambholaj Police Station, Dist.: Anand
R/CR.MA/4554/2021 ORDER
for the offence punishable under Sections 3(1)(r), 3(1)(h),
3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and have further
prayed to stay further proceedings thereto.
Heard learned advocate for applicants.
It is submitted by learned advocate for applicants that
applicant no.1 has contested the election of Oad Nagar Palika
which was held in February2018 and applicant no.2 is son of
applicant no.1. That in the FIR, there is no averment that the
victim belongs to the member of scheduled caste or the
scheduled tribes nor there is any allegation that offence alleged
to have been committed was on account of the first informant
being a member of the scheduled caste and the schedule tribe.
That from the FIR itself, it is clear that the incident has
occurred in the premise of applicants and the allegation made
against applicants in the body of the FIR that applicants had
come out from their residence and assaulted respondent no.2.
In support of his arguments, learned advocate for applicants
has relied upon the judgment in the case of Ramdas and
R/CR.MA/4554/2021 ORDER
others Vs. State of Maharashtra reported in (2007) 2 SCC
170 and another judgment in the case of Gorige Pentaiah Vs.
State of Andhra Pradesh and others reported in (2008) 12
SCC 531.
Issue requires consideration.
Hence, Notice, returnable on 09.07.2021. Learned APP
waives service of notice for and on behalf of the respondent
State.
No coercive steps shall be taken against applicants till the
returnable date.
The 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)
rakesh/
