SAIYED IMTIYAZ ALIMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, under Sec. 482 of the Code of Criminal Procedure, 1973, the applicants seek quashment of the impugned FIR being C.R. No.11199057210061 of 2021 registered with the Rajpardi Police Station, District : Bharuch for the offences punishable under Ss. 394, 323, 143, 147, 148, 149, 120B, 504, 506(2), 395 and 397 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(2.) The short facts of the prosecution case are that on 21/1/2021, at about 8:00 pm, the applicant had held meeting of B.T.P. in the verandah of residence of one Natubhai Vasava, who is a member of the Gram Panchayat and also a resident of Avidha. The complainant found out that the meeting held was unlawful, therefore, he informed the Collector Office. Thereafter, on 22/1/2021, at around 6:30/7:00 p.m., the complainant, along with three other persons, was present at his BJP office situated near Rajpardi Cross Roads, at that time, one Ajaybhai Somabhai Vasava came to the said BJP office and informed the complainant to come out of the office. Therefore, the complainant went to meet this Ajaybhai, who informed him that the present applicant has asked this Ajaybhai to beat him up, thereafter, he slapped the complainant thrice and started hurling abuses at him and also threatened him for his life. The complainant further states that the person accompanying himi intervened but other persons accompanying this Ajaybhai who were armed with iron rods and bats entered the office unlawfully, started hurling abuses and also began to beat the complainant and injured him. Thereafter, one person viz., Mukeshbhai, who was accompanying the complainant along with his other persons arrived at in the room where the complainant was being beaten up. Upon their arrival, the accused persons fled the place and upon fleeing the accused persons, robbed the complainant by snatching away his two gold rings and also the gold chain that he was wearing. Therefore, the impugned complaint.

(3.) Heard learned advocates.