VIKRABHAI FATESINH VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant challenging order dtd. 7/4/2018 passed by the learned 5th Additional Sessions Judge, Ankleshwar in Atrocity Inquiry No.3 of 2018, whereby the complaint filed by the appellant herein under the provisions of the Atrocities Act came to be rejected.

(2.) The brief facts of the case are that when the appellant- complainant was waiting near Rajpipla cross roads on 17/1/2018, at about 7;30 to 8;00 O'clock in the evening, police jeep came there and PSI Sarvaiya-respondent No.2 herein told the appellant that as to what he was doing there and that he should leave that place, to which the appellant replied that he is doing labour work. Thereafter, respondent No.2 herein became angry and beaten the applicant and uttered abusive language towards mother and sister of the applicant and also his caste. On next day, i.e. 18/1/2028, the applicant took treatment from General Hospital, Bharuch along with one Kanjibhai Vasava. Under these circumstances, the applicant filed complaint with Deputy Superintendent of Police Ankleshwar and Bharuch on 18/1/2018 and 19/1/2018 respectively. Thereafter, as nothing was being done, the applicant filed complaint before the learned Additional Sessions Judge, Ankleshwar for registration of FIR under Ss. 323 , 504 and 506(2) of the Indian Penal Code and Sec. 3(1)(x) of the Atrocities Act.

(3.) Learned Advocate Mr.Vijay Nangesh for the appellant submitted that the appellant-complainant belongs to scheduled tribe and is doing labour work. It is submitted that there was ample documentary evidence on record like statement of the complainant and other witness. There was also medical evidence, which prima facie shows issuance of process against the accused.