LAWS(GJH)-2012-2-9

MARK PETTIGREW Vs. HARIJAN MAYABHAI VALABHAI

Decided On February 07, 2012
MARK PETTIGREW Appellant
V/S
HARIJAN MAYABHAI VALABHAI Respondents

JUDGEMENT

(1.) 1. Present Special Criminal Application under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure has been preferred by the petitioners herein-original accused to quash and set aside the impugned FIR being CR-II-No.47 of 2007 registered with Marine Police Station, Pipavav Port lodged by respondent no.1 herein-original complainant for the offences under Section 3(1)(vi)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) AT the outset, it is required to be noted that while admitting the present Special Criminal Application learned Single Judge granted ad-interim relief / interim relief granting stay of further investigation of the impugned FIR. However, same came to be modified by this Court dated 5.12.2011 permitting Investigating Officer to investigate the FIR.