LAWS(GJH)-2013-7-519

MAKBUL MAMUBHAI Vs. STATE OF GUJARAT

Decided On July 31, 2013
Makbul Mamubhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure, the petitioners have prayed, inter alia, that:-

(2.) THE FIR / complaint against which present petition is taken out is registered as Ist-C.R. No. 28 of 2013 dated 8.2.2013 wherein the complainant i.e. private respondent has alleged offence punishable under Sections 323, 324, 504 and 114 of Indian Penal Code.

(3.) SO far as factual aspects are concerned, it emerges from the record that when respondent No.2 ­ complainant went to a Pan Shop from his house one Mr. Makbul Mamubhai also came there i.e. at the Pan Shop. It is further alleged that a minor argument between the complainant and said Mr. Makbul Mamubhai turned into small quarrel and heat was generated because the one Mr. Idrishbhai who had come Mr. Makbul abused the complainant. It is further alleged in the complain that thereafter two persons viz. Ajid and Garafbhai also joined Mr. Makbul and Mr. Indrishbhai and hit the complainant with kick and fist blows. It is also alleged that one of the two accused persons i.e. Mr. Ajid was carrying a sword and he gave blow to the complainant and the complainant got injured on the left hand, and thereafter complainant was taken into hospital by local residents.