BABUBHAI MANSANGBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code' for short) praying to quash and set aside the impugned FIR being C.R.- I No.54 of 2017 registered at Deodar Police Station, District : Banaskantha for the offences punishable under Ss. 143 , 294(B) and 427 of the Indian Penal Code ('the IPC ' for short) and Ss. 3(1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('the Atrocities Act' for short).

(2.) The brief facts of the prosecution are that, the alleged incident is happened on 26/8/2017 in the evening, when the complainant came to his house and he came to know from his family members i.e. wife, brothers and sisters, that in the noon, the applicants came there with JCB machine and uprooted the trees standing at the land / place of the complainant and told that the complainant has encroached upon that land/place and thereby uttered filthy language by name of the caste - 'Bhil'. Hence, the impugned complaint which is lodged on 11/9/2017.

(3.) Heard learned advocates.