NAVINBHAI MALABHAI DARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Nishit Gandhi on behalf of the Appellant, learned Additional Public Prosecutor Mr. Ronak Raval on behalf of the Respondent-State and learned Advocate Mr.Saiyed for the First Informant.

(2.) By way of this appeal filed under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 439 of the Code of Criminal Procedure, the Appellant seeks to be released regular bail in connection with F.I.R. No. 11195007220439 of 2022 registered with Bhabhar Police Station, District Banaskantha on 15/16/6/2022 for offences punishable under Ss. 306, 114 of the Indian Penal Code and under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, by quashing and setting aside the order dtd. 21/9/2022 passed by the learned 7th Ad hoc Additional District and Sessions Judge, Diyodar, Banaskantha in Criminal Misc. Application No.233 of 2022.

(3.) Learned Advocate Mr.Gandhi on behalf of the Appellant would submit that the present FIR is the third FIR in question with regard to the deceased, who committed the unfortunate act. Learned Advocate Mr.Gandhi would submit that as such on 6/7/2021, the deceased had left the school and did not return to her home and, therefore, an FIR No.11195007210761 came to be lodged on 7/7/2021 for the offence punishable under Sec. 363 of IPC. Later on, according to the learned Advocate Mr.Gandhi, investigation had revealed that the victim/prosecutrix had reached Ahmedabad from her native place at Bhabhar and whereas at Ahmedabad, a shopkeeper had her about the presence near the bus-stand and whereas the victim/prosecutrix had informed that her father had passed away and her mother had married someone else and whereas she was staying with her uncle and aunt, and since her aunt was not treating her well, the prosecutrix/victim had left her home. It appears that thereafter the Investigating Officer had taken the prosecutrix and produced her before the learned Magistrate and whereas later on a "C" Summary Report had been filed by the Investigating Officer on 31/8/2021.