JAYENDRABHAI VISHNUPRASAD KOTHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application, the applicants " original accused persons seek to invoke inherent powers of this Court under section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short), praying for quashing of First Information Report lodged at Kalol Police Station dated 12.04.2011 vide I- C.R.No.74 of 2011 for offences punishable under sections 143, 148, 149, 435, 427 and 323 of Indian Penal Code and for the offences under sections 3 and 7 of Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951.

(2.) CASE of the prosecution in brief can be summarized as under: "The first informant i.e. respondent No.2 lodged report with Kalol Police Station on 12.04.2011 with respect to an incident which occurred on 28th February, 2011. It is alleged in the First Information Report that the first informant is residing with his family at a farm house known as "Barot Farm House" situated in the sim of Village: Sanavad. It is further stated in the First Information Report that at the said farm, he has about 50 buffaloes, 10 horses and undertakes agricultural operations of crops as per season. He has also stated that for the purpose of agricultural work he has hired around 15 laborers." It is alleged on 28th February, 2011 at around eight o'clock in the night hours, he was present at his farm house in company of his brother,-Sanjay, son- Pruthvi and other persons. At that point of time the accused applicants herein barged into the farm house of the first informant along with 50 other persons from the rear portion. It is averred that immediately without any controversy, the first informant informed State Control from his mobile. It is further alleged that at around eleven o'clock the accused persons forcibly trespassed into the farm house and set some of the trees on fire as well as set the entire fence also on fire. The mob destroyed the board which was affixed on the entrance of the farm showing the name of the farm house. It is alleged that mob also damaged and destroyed electricity poles and lights. It is further alleged that the mob forcibly took away agricultural appliances and seeds which were stored for the purpose of sowing. It is further alleged that on 1st March, 2011 i.e. next day, the accused applicants again came with JCB Machine ( bulldozer) and uprooted many trees and also destroyed green grass. It is alleged that two gates were also destroyed. "The first informant has further alleged in the FIR that two days before the incident, the accused " applicants and other persons had tried to forcibly enter into the farm house of the first informant with one person having a fire arm. But at that point of time as the first informant informed the State Control, two police officers reached the spot. It is further stated that the two police officers viz. Shri Gamit and Police Constable Shri Vijaysinh were informed that the applicants accused herein and other persons have tried to forcibly enter into the farm house but those two police officers informed the first informant that they will see to it that no harm befalls upon the first informant." It is further alleged that in the mean time two other police officers viz. Mr. Dodia, In Charge Police Inspector of Kalol City Police Station and other policeman also reached the spot and saw to it that the mob leaves the place and no further damage is caused at the farm house. It is further stated in the FIR that time and again the accused applicants and others have tried to create trouble at the farm house. However, the first informant has clarified that he did not sustain any injuries but as there was scuffle between the labourers of the first informant and the members of the mob, some of the persons received simple injuries.

(3.) LEARNED senior counsel appearing for the accused applicants submitted that there is a long standing land dispute between the parties i.e. the first informant and the accused applicants. He further submitted and invited attention of the Court to the fact that the FIR is grossly delayed by around two months. He submitted that incident is alleged to have occurred on 28th February, 2011 whereas the FIR came to be lodged on 12th April, 2011. He submitted that the FIR deserves to be quashed on the ground of delay itself. He relies on Hon'ble Supreme Court's judgment in the case of Kishan Singh (D) through L.Rs. vs. Gurpal Singh and Ors. reported in AIR 2010 SC 3624, wherein the Hon'ble Supreme Court has led the emphasis on the issue of delay in lodging the FIR and what would be the effect of it.