TADVI ARVINDBHAI KARSANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants have filed this Application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR being CR No. I- 11823014200173 of 2020 registered with Kevadiya Police Station, District - Narmada for the offences punishable under Sections 392, 506(1) and 114 of the Indian Penal Code, with all other consequential proceedings arising therefrom.

(2.) Heard learned Advocate Mr. H. A. Shah for the applicants, learned APP Mr. Hardik Soni for the Respondent - State of Gujarat and learned advocate Mr. D.V. Shah for the Respondent No. 2 - original complainant through video conference.

(3.) It is stated in the FIR that on 07.07.2020 the complainant with his friend began journey from Dabhoi to Karoli on motorcycle to visit his friend residing there, at the beginning of the said journey both complainant and his friend drank Indian Liquor (Desi Daru) and started going from dabhoi to kevadiya and thereafter reached Karoli at 10 O' clock in the morning. It is further stated in the complainant that to reach back home (Dabhoi) complainant and his friend left Karoli at 12.00 AM in night and in midway both of them came to be apprehended by Police Officers at 01.00 AM, they asked the complainant and his friend about their late visit to kevadiya and they informed accordingly that they were going back to their house from Karoli to Dabhoi. A police car consist of three police officials took them and roamed around in Kevadiya for half an hour, their bike was taken by one of the Policeman. The said policeman took the complainant to a distant land parked their jeep and driver of the jeep asked the complainant and their friend to give whatever money they had with him. The complainant and his friend gave Rs. 850/- in cash to the said Police Officials, the driver further took the mobile of the complainant and gave it back to the complainant with keys to their motorcycle but the driver had taken memory card (worth Rs. 100/-) out of the mobile and then released them from their custody. On the journey back home the complainant and his friend came to be stopped by Tilakvada Police and were found to be in drunken condition, the said Police Station filled two complaints against the complainant. It is therefore, alleged in the FIR that the three Police Officials robbed the complainant and his friend worth of Rs. 950/- forcefully. Hence, the impugned FIR is lodged. Submission of the parties: