MANUBHAI GORDHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'the Code') for quashing and setting aside of the First Information Report being I- C.R. No.11204025200496 of 2020 registered with Kheda Town Police Station for the offences punishable under Section 323 , 504 , 506(2) , 188 and 114 of the Indian Penal Code, under Sections 3(1)(R) , 3(1)(s) , 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act ) and under Section 3(1) of the Epidemic Diseases (Amendment) Ordinance, 2020.

(2.) At the outset, learned Advocate for the petitioners states that the petitioners are constrained to move this petition seeking direction from being arrested as the provisions of the Atrocities Act have been invoked. Learned Advocate for the petitioners states that prima-facie there are no offences made out under the provisions of the Atrocities Act. Learned Advocate for the petitioners relies upon the contents of the First Information Report and also relies upon the decision of the Apex Court in the case of Gorige Pentaiah v. State of Andhra Pradesh and Others reported in 2008 12 SCC 581.

(3.) Learned Advocate states that similar to the facts of the present case as in the case of Gorige Pentaiah (supra), there is no mention of caste in the allegations in the First Information Report and therefore, the provisions under the Atrocities Act, ought not to have been invoked. It is further submitted that the First Information Report deserves to be quashed on the ground that the invoking of provisions of the Epidemic Act is also on account of non-application of mind as the provisions of the Epidemic Act will not be attracted at all.