SHANKARBHAI GOMANBHAI KOLIPATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present criminal appeal is filed under Section 14(A) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the "Atrocity Act") for assailing the order passed by the learned 7th Additional Sessions Judge, Surat in Criminal Misc. Application No. 7314 of 2019 dated 24.12.2019, whereby the request for anticipatory bail came to be rejected.

(2.) The facts giving rise to the present appeal are that complainant - Navinbhai Gomanbhai Vasava lodged First Information Report, being C.R. No. I-10 of 2017 against the present appellants, who are accused persons, for the offences said to have committed on 07.02.2017. It has been asserted by the complainant that at about 8:00 p.m. in the night, when the complainant and his wife - Daxaben were sitting at home, since one of the relatives - Sureshbhai Kalidas Vasava and his wife Lalitaben Vasava came to meet them, at that point of time, the present appellants along with some 20 persons came to the place of the complainant and conveyed specifically that why a false complaint under Atrocities Act came to be filed against the relatives of the appellants, namely Dahyabhai Prabhubhai Patel, Ramubhai Prabhubhai Patel, Mahesbhai Chimanbhai Patel and Jigneshbhai Haribhai Patel and by giving such threat, abusive language was used and conveyed that these 'Dubla' are not going to be improved and by using such kind of words, the appellants have attacked the complainant and one of the accused - Bhupendrabhai gave a slap on the chick of the complainant and administered threat unto death; out of that, the shirt was torn by these persons and from the pocket, the appellant - Bhupendrabhai snatched Rs.2,000/- and in the public, these 14 persons had created terror atmosphere and conveyed that these 'Dubla' are to be done away and by giving threat unto death, these persons went away. As a result of this, left with no other choice, a complaint was required to be filed by the complainant. This is the specific assertion made in the complaint, which is reflecting on Page-10 of the present appeal compilation and thereby, these appellants have committed offences punishable under Sections 395 , 323 , 504 , 506(2) , 1423 , 147 , 148 and 149 of IPC and Sections 3(1)(r)(s), 3(2)(5a) of the Atrocity Act.

(3.) It appears from the record that for seeking quashment of the present complaint, originally, the appellants have preferred Criminal Misc. Application No. 5160 of 2017, which was entertained by issuance of notice and after hearing both the sides at length, it appears that the same came to be disposed of vide order dated 11.12.2019, which order is reflecting on Page- 11, which reads as under :-