LALABHAI SHANKARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Kishore Prajapati for Mr. Mehul H. Rathod for the applicants and Kalpesh L. Nadia for complainant respondent hereiabove. The applicants petitioners who have been named as accused Nos.l and 2 in C.R. No. II -53 of 2005 registered at Kalol Taluka Police Station, for the offence punishable under Section 506 (2) of Indian Penal Code and Section 3 (1) (X) of Scheduled Tribes & Scheduled Castes (Prevention of Atrocities) Act 1989, read with Section 506 (2) of Indian Penal Code moved this Court under Section 482 of the Criminal Procedure Code for quashing the said complaint and subsequently also prayed for quashing the proceedings arising there from for the reasons stated thereunder.

(2.) The facts in brief leading to filing of this petition is required to be set out as under : -

(3.) The respondent -complainant had lodged complaint with the concerned Police Station inter alia containing allegations that he is in the business of taking civil contracts and he has studied up to fourth standard. About 9 months prior to the date of complaint, he was assigned the work of completing the pipeline on the part of the vilage Shankerpura and Bhagalvas under the jurisdiction of Boriaana Gram Panchayat. The Gram Panchayat had given him contract, at that time one Smt. Amrutaben Thakore was Sarpanch. The complainant completed his work and obtained certificate to this effect from Overseer one Shri R.B. Bhavar from Taluka Panchayat and he submitted his bill for Ra.20,085/ - in Kalol Taluka Panchayat and that money was sanctioned by Taluka Panchayat and deposited in the account of Boriaana Gram Panchaynt, which he came to know and hence he demanded that money from in -charge Sarpanch -applicant No. 1, time and again. The complainant has alleged that he has made complaint to the concerned authorities on 26.04.2005, namely the Police Inspector, Kalol Taluka and copy thereof was sent to D.S.P, Gandhinagar, Home Minister and Minister of Panchayat etc. and it was inquired into by the concerned police station, but complainant did not receive the money. On the date of the incident i.e. 01.06.2005 at about 2:30, when he was going to the Sarpanch for demanding his money, he met applicant No. 1 and applicant No. 2 who happen to be the member of Panchayat and on demanding the money from them, they got infuriated and used the language which he narrated in the complaint so as to insult him on account of his caste, as he happens to be the member of Scheduled Caste. At that time he said that ex -sarpanch Ganpatji has also come and explained to the accused but to no avail and thus the applicants allegedly committed the offences under Section 506(2) of Indian Penal Code and Section 3(1)(X) 'of Scheduled Tribes & Scheduled Castes (Prevention of Atrocities) Act 1989, of IPC.