NILESHKUMAR KRIPASHANKAR YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) praying to quash and set aside the impugned FIR being C.R.No.I-40 of 2017 registered with Dahod Town Police Station for the alleged offences punishable under Ss. 323, 504, 506(2), 114 of Indian Penal Code (' IPC ' for short( and Secton 3(2) and 5(A) of the Scheduled Castes and Scheduled Tribes (Prevention) of Atrocities Act ('Atrocities Act' for short).

(2.) The brief facts leading to filing of this application are such that when the complainant- respondent no.2 was serving from 23.00 hours on 24/2/2017 to 25/2/2017 at 8.30 a.m. for night duty at Mangal Mahudi Station and thereafter, he went to his quarters in parcel passenger train at about 11.30 a.m. at Dahod Railway Station at about 12.00 hours, he went to his CPWI office to inquire about his leave application whether it is sanctioned or not and when he went to met his superior Devrajsinh -accused no.1 informed that his leave is not sanctioned. On putting query of why it is not sanctioned, he became angry and threatened him by abusing about his community and the other persons standing there, the present applicants - accused nos. 2 and 3 in the FIR caught hold of him and started beating him on his hand with stick. It is this FIR which is sought to be quashed in this application.

(3.) Heard learned advocates for the parties.