DINESHKUMAR RATILAL VITHLANI Vs. MULJI GHELABHAI MAKWANA

JUDGEMENT

(1.) AS common question of law and facts arise, both these Criminal Miscellaneous Applications are decided and disposed of by this common judgment and order. [1.1] Criminal Miscellaneous Application No.5561/1999 has been preferred by the applicant herein ? original accused No.3, a practicing advocate at Dwarka, to quash and set aside the impugned FIR being C.R. No.I-30/1999 lodged before the Okha Police Station, Jamnagar for the offence punishable under Section 3(4)(5)(8) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ?the Atrocities Act?). [1.2] Criminal Miscellaneous Application No.5563/1999 has been preferred by the very applicant to quash and set aside the impugned FIR being C.R. No.I-31/1999 lodged before the Okha Police Station, Jamnagar for the offence punishable under Section 3(4)(5)(8) of the Atrocities Act.

(2.) RESPONDENT No.1 herein, in both these applications, have lodged the impugned First Information Reports being C.R. No.I-30/1999 and 31/1999 against the applicant ? original accused No.3 and other accused persons for the offence punishable under Section 3(4)(5)(8) of the Atrocities Act alleging /inter-alia /that both of them are allotted and having plots just adjacent to Vishwakarma Housing Society in which original accused Nos.1 and 2 are residing and the same was not liked by the accused persons, original accused Nos.1 and 2 have instituted civil suits before the Civil Court which have been dismissed. Thus, it is alleged that the accused persons have instituted false, malacious and vexatious suit against the respective complainants who are the member of the Schedule Caste and therefore, it is alleged that accused persons have committed offence punishable under Section 3(4)(5)(8) of the Atrocities Act. Being aggrieved and dissatisfied with the aforesaid FIRs, the applicant herein ? original accused No.3, a practicing lawyer at Dwarka, who filed the aforesaid suits for and on behalf of the original plaintiffs ? other accused persons, has preferred the present Criminal Miscellaneous Applications under Section 482 of the Code of Criminal Procedure, 1973.

(3.) SHRI Dabhi, learned Additional Public Prosecutor appearing on behalf of the State has requested to pass appropriate order considering the facts and circumstances of the case.