NARHARIBHAI BHAGWANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is filed under Sec. 14 ?A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Atrocities Act' hereinafter) challenging the judgment and order passed below Exhibit 12 in Atrocity Case No.05 of 2022 by the learned Special Judge (Atrocities) Chhota ?Udepur at Bodeli, dtd. 20/9/2023, whereby the application preferred by the present applicant ?original accused No.8 seeking discharge was partly rejected.

(2.) It is the case of the applicant that one FIR came to be lodged with the Sankheda Police Station, District Chhota ?Udepur being C.R.No. 11184009220776 of 2022, for the offences punishable under Ss. 379(A), 143, 323, 147 and 149 of the Indian Penal Code, 1860 and Ss. 3(1)(R), 3(2)(Va) of the Atrocities Act. It is alleged in the FIR that 16 accused who were named in the FIR have by creating the unlawful assembly assaulted on the complainant, his wife and son as well as one witness Ajaysinh RajSolanki and had stolen the chain.

(3.) On setting criminal law in motion, the investigation was carried out and the FIR was culminated into the charge ?sheet, which was filed before the Competent Court for the aforesaid Sec. .