RAMESHBHAI RAJABHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicants - original accused under Sec. 482 of the Code of Criminal Procedure seeking quashing and setting aside the impugned FIR being II.C.R.No.3214 of 2014 registered with Sola Police Station, Ahmedabad for the offence punishable under Ss. 323, 294(B), 506(2), 427 and 114 of the Indian Penal Code (herein after referred to as the "IPC"), Sec. 135(1) of the Gujarat Police Act and Sec. 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to the the "Act").

(2.) The facts and circumstances giving rise to the filing present application are such that the above referred FIR came to be lodged by present respondent no.2 against the present applicants inter alia contending that on 27/3/2014 when he was present at his shop at around 09.00 a.m., the applicant no.1 and the applicant no.2 came there on the motor-cycle and told the first informant that as he had parked his Tempo in the middle of the road, the road was closed and started abusing him.

(3.) Learned advocate for the applicants has submitted that the incident alleged in the FIR had taken place on 27/3/2014, whereas the FIR came to be lodged on 29/3/2014. Thus, the FIR came to be lodged after a period of more than 48 hours from the time of the incident. The delay caused in lodging the FIR has not been explained by the first informant in the FIR.