JITESH @ JITU NARANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed under Sec. 482 of the Code of Criminal Procedure, 1973 praying to quash FIR being I- C.R.No.110 of 2014 registered with Junagadh Taluka Police Station on 16/8/2014 for the offence punishable under Ss. 307, 323, 504, 114 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(2.) It is the case of the prosecution that the complainant, namely, Ilyashbhai Babubhai Hothi, had lodged an FIR being admitted at Junagadh Government Hospital in Trauma Ward against 4 accused wherein the name of the present applicants are mentioned as accused Nos.3 and accused No.4. It is averred in the FIR that when the complainant was standing near the Saragwada Railway Crossing along with his father on the day of the incident at around 11.45 a.m., at that point of time, accused No.1 and accused No.2 were passed and looked towards the complainant and again around 2.00 to 2.30 when the complainant was sitting near the Vadli Chowk at Saragwada village, the accused No.3 i.e. present applicant No.2 was having an axe. accused Nos.1 and 2 both having an iron rod and accused No.4 i.e. present applicant No.1 started assaulting to the complainant. The first assault was made by present applicant No.2 with axe and thereafter, all the accused persons started assaulting to the complainant. The complainant had received injury on his head and fallen down. Thereafter, all the four accused had ran away from the place and on reaching the father, namely, Babubhai, as well as Umarbhai, at the place of offence, the complainant was taken to the Government Hospital, Junagadh and he was admitted in the Trauma Ward. With the aforesaid allegations, the impugned FIR came to be lodged, which is subject matter of challenge before this Court.

(3.) Heard Mr.Hardik H. Dave, learned advocate for the applicant Nos.1 and 2, Ms.Vrunda Shah, learned APP for the State and though 'Rule' was served, respondent No.2 - original complainant though chosen not to appear before this Court.