Rakesh @ Ramnikbhai Harjibhai ... vs The State Of Gujarat
2021 Latest Caselaw 2611 Guj

        R/SCR.A/1536/2021                                    ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1536 of 2021

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               RAKESH @ RAMNIKBHAI HARJIBHAI PATEL
                              Versus
                      THE STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 18/02/2021

                             ORAL ORDER

By way of present application, the applicants have prayed

to quash and set aside the FIR being CR No. 11211058200447

of 2020 registered with Bajana Police Station, Surendranagar

for the offence punishable under Sections 323, 504, 506(2)

and 114 of the Indian Penal Code, Section 135 of the G.P. Act

as well as Sections 3(1)(s), 3(1)(r) and 3(2)(va) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities Act and further prayed to stay the further

proceedings thereof till final disposal of this application.

Heard learned advocate for the applicants.

It was submitted by learned advocate for the applicants

R/SCR.A/1536/2021 ORDER

that present applicants are the original accused Nos.1,3 and 5.

That applicant No.3 was a member of Gram Panchayat, who in

past to speak against respondent No.2 by raising an objection

in an encroachment done by the respondent No.2 in a

graveyard land. That there are all reasons for respondent No.2

to implicate the applicant No.3 in said offence. That general

allegations are made by the respondent no.2 qua atrocity is

concerned against the present applicants. That alleged incident

was occurred in a public place but it was a private field of

respondent No.2, it would not be visible and audible to public

at large, and therefore, Section 3(1)(r) of the Atrocities Act

would not apply in the present case. That informant is a

member of Scheduled Caste unless there is an intention to

humiliate a member of Scheduled Caste or Scheduled Tribes

for reason that victim belongs to such caste. That present

applicants cannot be attracted in the said offence. In support of

his arguments, learned advocate for the applicants has relied

upon the judgment reported in AIR 2020 SC 5584.

Issues requires consideration.

R/SCR.A/1536/2021 ORDER

Notice returnable on 01.04.2021. 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.

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) SUYASH