VIRAMBHAI PUNJABHAI MER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, the applicant - original accused prays for the following main reliefs:-

(2.) The brief facts of the prosecution are that, the complainant is doing electric work and runs his livelihood. As per the instructions of Mr. Chhaganbhai, who is a sub- contractor at Sardar Patel Nevalbase, Bokhira, the complainant started electric work at the Nevalbase. That on 31/3/2019, at about 9:30 a.m, when the complainant gone for taking electric goods which stored in the pump house at a camp, he went behind the pump house for urinating and upon seeing Virambhai (applicant herein), who was sitting in the office, the complainant went back without urinating, but at that time, one person came there and asked the complainant to meet Virambhai in the office. Therefore, the complainant went to the office of Virambhai, at that time, Virambhai slapped the complainant and uttered filthy words relating to his caste. Hence, FIR came to be filed by the complainant against the applicant for the offence under Ss. 323 and 504 of Indian Penal Code, 1860 and Ss. 3(1)(r)(s) and 3(2)(5)(a) of the Atrocities Act.

(3.) Heard Ms. Shweta Lodha for Mr. Virat Popat, learned Counsel for the applicant, Mr. Soham Joshi, learned APP for the respondent State and Mr. Jaimin Gandhi, learned counsel for the complainant.