KINJALBEN HITESHKUMAR THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate appearing for the appellants has produced the report of the Vigilance Cell, Commissioner, Scheduled Tribe Development, Gandhinagar, which is taken on record. As per the report, respondent No.2 herein is not a member of the scheduled caste or scheduled tribe, and therefore, recommended to cancel the Certificate No.ST/96/2005 dtd. 4/6/2005 in favour of the respondent No.2.

(2.) Present appellants filed Criminal Misc. Application No. 536 of 2021 before the Court of learned 7th Additional Sessions Judge, Banaskantha-Palanpur u/s. 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellants on anticipatory bail on account of offence being registered vide I- C.R. No.57 of 2018 with Danta Police Station, Dist- Banaskantha for the offence punishable u/s. 324, 337, 323, 143, 147, 148, 149, 452, 427, 294(b) and 506(2) of Indian Penal Code and Ss. 3(1)(r) and 3(2)(Va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein learned 7th Additional Sessions Judge, Banaskantha-Palanpur rejected the said application on 31/7/2021.

(3.) Feeling aggrieved by the said order, appellants have preferred present criminal appeal under Sec. 14 (A) of the Atrocities Act.