NARSINHBHAI NAGAJIBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner- original complainant under Articles 226 and 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure for issuing direction to the concerned authority.

(2.) Heard learned Advocate Mr. Ajay L. Pandav for the petitioner, learned APP Mr. H.K. Patel for the Respondent State and learned Advocate Mr. Prashant V. Chavda for the Respondent Nos. 5 to 9 and 10 through Video Conference.

(3.) As per the FIR, the present petitioner is a rickshaw driver. That, the present petitioner's family consists of his widow mother named Shanuben, his two brothers named Bharat and Vikram aged about 26 years and 23 years respectively and his two married sisters named Jamanaben and Alkaben aged about 25 years and 21 years respectively. It is stated that present petitioner himself as well as his widow mother and his two brothers are handicapped/crippled in the legs since their birth, which is supported by Disability Certificate. It is also stated that private respondents are also residing in the said village of the present Respondent No. 8 herein named Ramilaben w/o Naranbhai Rathod is a Sarpanch of the said Village and she is a wife of present Respondent No. 5 - Naranbhai Devchandbhai Rathod herein. The present petitioner and his widow mother and his two brothers are handicapped and they are not able to work as physically fit person, due to that present petitioner and his family members/ disabled persons had applied for the Government assistance, but by abusing the position of Sarpanch, the present respondent no. 8 herein did not allow the petitioner and his family members to get any help from the Government and she reported to Government against the present petitioner and his family members. In such circumstances, the present petitioner and his family requested to the present Respondent No. 8 - Sarpanch regarding the Government Assistance, therefore, she replied to the present petitioner that "You did not vote for or help us during the election, so as long as I remain as a Sarpanch, I will not give you and/or allow any Government Assistance to you and your family". It is stated that intentionally mentally harassed the present petitioner and his family, the Respondent No. 8 - Sarpanch and her husband- present Respondent No. 1 herein not provided drinking water in the residential area of the present petitioner and as well as occasionally cutting off water connection. It is further stated that the present petitioner and his family received an amount of Rs. 2,000/- from their farm under the head of "Prdhan Mantri Yojana"/ Government Scheme which was also removed from the agriculture branch by the present Respondent No. 8 by abusing his position as a Sarpanch. The present petitioner approached to the Mamlatdar and other higher authorities and complained against the present private respondents. Due to such proceedings by the present petitioner against the present private respondents, the present petitioner return back from his farm to house on 13.06.2020 at about 3.00 pm. The present private respondent /accused by collusion, with weapons like Sticks, robes, etc., in their hands and threatened the petitioner, since complaint was filed by him to the higher authority against the accused. That time, the petitioner explained properly and also reply that he complained to the higher authority for Government Assistance, but private respondents used abusive language with the petitioner and pushed him down and beaten up. At that time, one villager named - Bhemabhai Dharsibhai Thakore was passing by there and he rescued him from the accused. Then, also the said accused threaten to the present petitioner saying that you survived today, we will kill you whenever we get chance and also threatened that you and your family and your helpers will be trapped in the wrong case of atrocity. It is further stated that pursuant to the incident took place in the farm of the present petitioner, he approached to the present Respondent No. 2/ Bhabhar Police Station for lodging FIR against the present private respondents-herein, but complaint was not taken by the Police Authority. It is submitted that on 15.06.2020 the present petitioner sent his written complaint to the present Respondent No. 2/Police Station and higher Police Authority also by Post. In connection of the said RPAD complaint, one of the higher Police Authority of boarder Range Bhuj replied to the present petitioner by letter dated 19.06.2020 stating that his complaint/grievance forwarded to the present Respondent No. 3 District Superintendent of Police, Banaskantha and therefore, to make representation before that Authority.