KALUBHAI UKABHAI RANGPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Rs.Code' for short) praying to quash and set aside the FIR being C.R.No.II-29 of 2019 registered at Lathi Police Station, Dist.Amreli for the offences punishable under Ss. 504 and 506(2) of the Indian Penal Code (Rs.IPC' for short) and Ss. 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (Rs.Atrocities Act' for short).

(2.) Rule. Learned APP Mr.Joshi waives service of notice of rule for respondent no.1 and learned advocate Mr.Vaidya waives service of notice of rule for respondent no.2.

(3.) The brief facts as stated in this application are such that an FIR is lodged by respondent no.2 herein alleging that on the said date of incident i.e. 22/5/2019 initially at around 7.00 a.m. in the morning, present applicant visited the house of respondent no.2, called him outside of his house and that the applicants being member of Bhingrad Gram Panchayat scolded respondent no.2 that they being the sweepers of the Gram Panchayat, they don't fully accomplish their work of sweeping, and therefore they should not turn back for the work of sweeping and it is alleged that respondent no.2 was responded by a caste abuse. On the word against word going on, the present applicant got provoked, started speaking abusive language towards him and also scolding him, that now onwards, he along with his wife, are seen indulging into sweeping work and turn up to Gram Panchayat for their monthly salary, their bones will be broken and that was followed by a quarrel and the applicant abused respondent no.2 by his caste and therefore the impugned FIR is filed, which is sought to be quashed by way of filing of this application.