DAHYABHAI PRABHUBHAI KOLI(PATEL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Appeal is filed under Section 14(A) of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocity) Act, 1989 (for short, 'the Atrocity Act') against the order dated 24.12.2019 passed by learned 7th Additionally Sessions Judge, Surat in Criminal Misc. Application No.7315 of 2019, whereby the request for seeking anticipatory bail came to be rejected in connection with the FIR, being C.R. No.II-34 of 2017 registered before Mangrol (Surat Rural) Police Station, Surat for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code and Section 3(1)(m)(r)(s) and 3(2)(5a) of the Atrocity Act.

(2.) The facts, in brief, which have given rise to the present appeal are that the complainant, i.e. Daxaben, wife of Navinbhai Govanbhai Vasava, is the Sarpanch of the village and when she was doing inspection work of a public road of the village, the appellant Nos.1 and 2 used atrocious words in presence of the public to the respondent- complainant and conveyed that she belonging to 'Dubla' community, what development can be made by her and thereby threat was administered by the present appellants and when the people gathered in the village, the appellants went away on their vehicles. Since this utterances were made in public while discharging public duty and threat was administered and insulted in the public by using atrocious words, a complaint came to be lodged, being C.R. No.II-34 of 2017 before Mangrol (Surat Rural) Police Station, Surat for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code read with Sections 3(1)(m)(r)(s) and 3(2)(5a) of the Atrocity Act.

(3.) The appellants upon such filing of the complaint, raised an issue that the ingredients of the offences are prima facie not established and thereby initially, preferred a petition for quashing before the High Court, being Criminal Misc. Application No.6223 of 2017 and by raising multiple contentions about non-applicability of the provisions of the Act, a request was made to quash the complaint. But, after hearing both the sides at length, the said petition for quashing came to be withdrawn vide order dated 11.12.2019 and the interim order which was granted earlier on 6.3.2017 was vacated. Of-course for a period of one week, the said protection was extended.