RUSHIK ISHWARDAS RAMKABIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is filed by the appellants praying for anticipatory bail under Sec. 14 (A) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as 'Atrocities Act') in connection with an offence registered at C.R.No. 11218010220289 of 2022 with Udhyognagar Police Station, Porbandar for the offences punishable under Ss. 323 , 504, 508(2) and 114 of the Indian Penal Code as also under Ss. 3(1)(r), 3(1)(s) and 3(2)(v)(a) of the 'Atrocities Act'.

(2.) Mr. Jay Thanki, learned advocate for the appellants - accused, submitted that on trivial issue of quarrel between the college students, the provisions of 'the Act' is wrongly invoked so as to deny the benefit of statutory remedy available under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') by the first informant. He has further submitted that even if the incident may not be denied, it does not call for invoking provisions of 'the Act'. As such, there appears no averments in the FIR itself, which attracts provisions of 'the Act'. The derogatory utterances with regard to caste mentioned by the witness, who is claimed to have accompanied the first informant, is not finding place in the First Information Report itself. It is further submitted that the appellants are aged about 19 years and 22 years and they are college going students and have to appear in the exams in near future, and therefore, it is submitted that they be granted an order in the nature of anticipatory bail.

(3.) Though endorsement on the cause list shows that respondent no.2 - first informant is served through concerned Police Station, he is neither present in person nor through an advocate.