ASHRAF RAFIQBAPU QADRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Kruti Shah, Mr. Darshan A. Dave and Mr. L.B. Dabhi, learned APP for the respective parties.

(2.) By this application, the applicants have prayed for quashing of the FIR registered at Karanj Police Station, Ahmedabad City being C.R. No.I-70/2017 for the offences punishable under Ss. 365 , 376D , 143 , 147 , 149 , 506(2) , 294B and 507 of the Indian Penal Code, 1860 and Sec. 3(1)(w)(i)(ii) , 3(2)(5) , 3(2)(5a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and Sec. 25(1) (b)(f) of the Arms Act , 1959 and also under Sec. 135(1) of the Gujarat Police Act, 1951.

(3.) Referring to the order of the co-accused passed in Criminal Misc. Application No. 25771 of 2017, learned counsel Ms. Kruti M. Shah would submit that, the Co-ordinate Bench of this Court, after examining the allegations leveled in the FIR, quashed the proceedings against co- accused Pappu @ Rohit Madhubhai Solanki and others. She would further submit that, while quashing the FIR, the co-ordinate Bench, taking into consideration the guidelines laid down in the case of State of Hariyana Vs. Bhajanlal (AIR 1992 SC 604), held that, the proceedings is manifestly attended with malafide and/or maliciously instituted with an ulterior motive for wracking vengeance on the accused.