AJITBHAI KHODABHAI @ PRAVINBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. L B Dabhi, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No.1 -State of Gujarat. Mr. K R Raval, learned advocate for respondent No.2 waives service of notice of Rule for respondent No.2.

(2.) THIS petition under Article 226 of the Constitution of India has been preferred with the prayer to quash and set aside the First Information Report being C.R.No.I -33/2015 registered with the Bopal Police Station for the offences punishable under Sections 143,137,148,149,307,323,504 and 506 and further proceedings arising out of the same qua the present applicant.

(3.) IT is the case of the prosecution that on 16.04.2015, during the noon hours at about 3 O'clock when Respondent No.2(complainant) was moving on his Activa near to Umiya Mata's Temple at Bopal, one car bearing registration No. GH.1.RH.7907 came from back side, out of which, two persons stepped down and started beating complainant as well as his friends. Thereafter, the complainant informed his uncle about the alleged incident and the other accused have also called 4 to 5 persons, who came along with weapons and started abusing and assaulting Nileshbhai as well as the complainant and his friend and thereafter all of them have got admitted themselves in Hospital and the First Information Report came to be registered at the Bopal Police Station as C.R. No.I -33/2015 for the aforesaid incident.