RAKESHBHAI ISHWARBHAI BHATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition has been filed by the petitioners with a request to quash and set aside the impugned FIR being CR No.11199006200296 of 2020 registered with Ankleshwar Rural Police Station, District Bharuch on 06.05.2020 for the offence punishable under Sections 323 , 504 , 337 and 114 of the Indian Penal Code read with Section 135 of the G.P.Act read with Section 3(1)(r) and 3(1)(s) of the Atrocities Amendment Act 2015. Heard learned advocate for the petitioners.

(2.) It was submitted by learned advocate for the petitioners that the petitioners are the real victims where the complainant alongwith 25 plus persons entered into the house of the petitioners and attacked them and injured them. That, 25 persons pelted stones at their house, for which, all the three petitioners are admitted in the hospital and received treatment. That, at the place of offence allegedly committed by the petitioners, as per the FIR, inside the house of the petitioners, they were not only four persons, but more than 25 persons were entered in their house. It is further argued that the petitioner no.1 had made phone call to the police for help three times. That, in the FIR, not a single caste related abusive word is allegedly used by the petitioners. It is further submitted that the son of the complainant namely Chintan has attacked the petitioner No.1 with a knife for which the FIR came to be registered against him in the year 2013. It is further submitted that there are more than 15 FIRs are registered against the son of the complainant i.e. Chintan and he is head strong person in the locality and is the hardcore criminal having tendency of indulging into the fight with anyone. That, false complaint has been filed, which devoid on truth. That, there is nothing on record pertaining to the present offence. That prior in time from the petitioners' side, one another complaint has been filed which is registered as FIR being CR No. I-87 of 2013 with Ankleshwar Rural Police Station, District Bharuch for the offence punishable under Sections 323 , 324 , 504 , 506(2) and 114 of the Indian Penal Code and Section 135 of the GP Act. That, the complainant and 25 other persons are the prime accused in the entire incident. That, with malafide and ulterior motive, malicious proceedings are initiated by the complainant by implicating the petitioners to extort money from them.

(3.) Notice returnable on 16th July 2020. Learned APP waives service of notice for and on behalf of the respondent-State.