LAWS(GJH)-2024-3-51

PUSHPABEN MAHESHBHAI MAKWANA Vs. STATE OF GUJARAT

Decided On March 20, 2024
Pushpaben Maheshbhai Makwana Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of filing this application under Sec. 482 of the Criminal Procedure Code, the petitioners sought quash of the FIR being C.R.No.II-63/2018 registered with Kodinar Police Station of Gir Somnath District for the offences punishable under Ss. 186, 323, 504, 506 (2) and 114 of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(2.) Heard learned counsel for the petitioners, Mr.Hardik Soni, learned APP for the respndent-State and learned counsel for the second respondent-defacto complainant.

(3.) As per the prosecution version, on 6/6/2018, between 10.30 to 11 a.m., when the work of renovation of Kodinar- Panadar road is going on, the complainant, who is working as a Supervisor of Kodinar Nagar Palika along with other employees of Nagar Palika and the contractor-Mansingbhai Rathod, was supervising the said work. When the complainant is supervising said work, it is stated that the petitioners approached the complainant and others and entered into altercation with them with regard to renovation of the said road and they abused the complainant in vulgar language and when the complainant asked them to behave properly, that the petitioners no.1 and 2 attacked him and other employees with sticks and, at that time, residents of the village interfered and pacified the situation. It is stated that the petitioners have left the place threatening the complainant that they will kill him if he again come to the said road to carry on renovation work and that they would implicate him in a false case.