NIRAJKUMAR RATILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the prayers and issues in these present petitions are of a similar nature, stemming from the same F.I.R., at the request made by the learned advocates for the parties, these matters are now being taken up for final consideration. Criminal Misc. Application No.1686 of 2017 is regarded as the lead matter, and the facts are being drawn from it. Consequently, all the matters are heard together.

(2.) The present application is filed for seeking the following reliefs:

(3.) Brief facts of the case as per the case of the applicant in this application are as such that the present applicant before this Court is original accused No.3 of the FIR, who happens to be a Police Inspector serving at Patan 'B' Division Police Station and is booked for the offences as referred to in the FIR. Respondent No.2 herein is the original complainant of the case. On 26/8/2015 on account of there being bandh (general strike) declared in Patan City, on the day of incident there was a mob of about 200 to 250 people, who have with the help of deadly weapons like pipes, sword, stick and canes of kerosene had assembled at M.K. Educational Institution and had caused damage to such institution in the same breath, there is an allegation as well that watchman of such institution, namely, Bhil Raghu Hala, who was taking care of such institution, there is a case put up that somebody out of mob had put a sword on his neck and was threatened that if he dares to stop them, he will be done to death, eventually, it is a case that mob of around 200 to 250 people, who have barged into such institution, have caused damage with the help of stones pelting, have broken down the computers and other furniture with the help of stick so also fire was caused inside the building of institution, at the same time, electric appliances lying in the institution were damaged, in short with a fold of allegation that important documents and important things which were lying inside the institution, there was a robbery committed of such important things and thereby the mob was responsible for a damage caused to the institution which would be measured into crores, with a case that a mob having caused damage to M.K. Educational Institution have thereby committed offences under Ss. 395, 307, 120B, 390,, 391, 337, 441 of the Indian Penal Code and u/s 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Therefore a case was put up specifically against three accused persons along with a mob of about 200 to 250 people assembled at the spot. It is further the case of the applicant in this application that the applicant in such background of co- accused's of the very impugned FIR have been protected by this Court extending a relief of not to take coercive steps against them, the fact that the applicant before this Court is a Police Inspector serving at 'B' Division Police Station, Patan and is as on date not approached by the police agency for the purpose of arrest. Hence, the present application is preferred.