VASUDEVBHAI DARIYANUMAL TELRAM LOHANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Vicky Mehta submits that he has instruction to appear on behalf of respondent no.2 - original complainant and seeks permission to file Vakalatnama. Registry to accept Vakalatnama of Mr. Vicky Mehta. By consent of the parties, the matter is taken up for final disposal today.

(2.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C .") seeking quashment of the FIR being C.R. No.I- 26 of 2018 registered with Bhiloda Police Station, for the offences punishable under Ss. 323 , 504 , 506(2) , 452 and 114 of Indian Penal Code, Sec. 135 of Gujarat Police Act and under Ss. 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, "the Atrocities Act") and the proceedings initiated pursuant thereto.

(3.) Mr. Ashish M.Dagli, learned advocate for the applicants submitted that, the issue was regarding the construction going on at the residence of the present petitioner no.1 and because of the same for the last one month prior to the FIR the plaster work, dust and metal chips, were found in the compound of the complainant and under the circumstances, on the date of incident, the wife of the complainant informed the contractor to take care about the dust and the metal chips and thereafter because of some scuffle, the FIR came to be filed.