JOSHI SHAILESH POPATLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure praying to quash and set aside the impugned FIR being C.R.No.I-99 of 2014 registered with Palnpur Taluka Police Station, District: Banaskantha for the offence punishable under Ss. 376, 506(2), 511 and 114 of the Indian Penal Code.

(2.) Facts leading to the prosecution arising as under:

(3.) Mr.Tushar Chaudhary, learned advocate appearing for the applicant-accused stated that initially the name of the present applicant was not mentioned in the FIR filed by the complainant, who is aged around 50 years, married and having major son. Mr.Chaudhary, learned advocate further submitted that one Hirabhai Mohanbhai Prajapati, who is resident of village: Malana, Taluka: Palanpur lodged an FIR on 4/8/2014 being I-C.R.No.98 of 2014 before the Taluka Police Station, Palanpur for the offence punishable under Ss. 394, 506(2) and 114 of the Indian Penal Code. In the said FIR, brother in-law and the husband of the complainant was named as an accused. It is averred in the FIR that at 4 O'Clcok on 4/8/2014, during the evening hours, accused persons named in the FIR had called the complainant, Hirabhai Mohanbhai Prajapati to their house and asked him to prepare the food list as they have to go to pilgrimage. On being denied to do this, accused persons named in the FIR had started beating to the complainant, Hirabhai Mohanbhai Prajapati and snatching away Rs.10,000.00 from his pocket. The complainant was severally beaten and taken to 108 ambulance for treatment. Photographs regarding the same is a part of the application. Upto 7/8/2014, name of the present applicant was not disclosed, however, one Report came to be submitted before learned 2nd Additional Civil Judge and Chief Judicial Magistrate, Palanpur on 14/8/2014 stating that one affidavit came tobe filed by the complainant explaining that on the day of the incident, due to night hours and due to fear, correct name of the accused could not be disclosed. It is further mentioned in the Report that as per the say of the complainant, name of Vishnubhai Maganbhai Barot, though mentioned in the FIR as an accused, he was not involved and in place of him, name of the present applicant was added. In the said Report, name of Vishnubhai Maganbhai Barot was requested to be deleted and name of the present applicant requested to be added. Being aggrieved by the aforesaid Report to add name of the applicant as an accused, the present applicant approached to this Court by way of this application.