BHUPATBHAI JASWATBHAI BODAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of filing present application, the applicants seek to invoke inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside Criminal Inquiry No.335 of 2012 instituted by respondent No.2 - original complainant against them before the Court of 14th Additional Judicial Magistrate, Rajkot for the offence punishable under Ss. 405 and 406(2) of the Indian Penal Code and Sec. 3(1)(v)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and order dtd. 27/2/2015 passed by the learned Trial Court, whereby summons came to be issued to the applicants under Sec. 204 of Cr.P.C.

(2.) Heard learned advocate Mr. Hardik H. Dave for the applicants, learned APP Mr. Soaham Joshi for respondent - State and learned advocate Mr. Prakash G. Pandya for respondent No.2 - original complainant.

(3.) Learned advocate Mr. Dave submits that respondent No.2 is the original complainant and he has filed complaint against total 6 persons. He further submits that though the complaint is filed against total 6 persons, the learned Magistrate passed the impugned order whereby summons came to be issued against the present applicants only. He further submits that based upon registration of the complaint, the Court concerned has passed order to seek report from the investigating officer under Sec. 202 of Cr.P.C. The investigating officer concerned has carried out detailed investigation and submitted report dtd. 21/4/2014 before the Court concerned. Along with the report, the investigating officer has submitted the statements of the witnesses and other material collected by the IO concerned before the learned Court concerned. He has drawn attention of this Court to a statement of one Mr. Sureshbhai Ramjibhai Parmar and submitted that the said witness has signed as a witness in the complaint of the complainant. In his statement, the said witness has stated that the complainant was the owner of one room admeasuring 63 sq. mtrs. constructed over plot No.6 of one Gautam Park Co. Operative Housing Society (Suchit Society) constructed on Survey No.196 paiki of Mavdi village. The said room of the complainant was demolished by somebody. Learned advocate Mr. Dave, therefore, submits that thus who has demolished the said property has not come on surface. The said witness has also stated in his statement that when he had gone along with the complainant at the hotel of the applicants, at that time, the incident of threatening the complainant by the applicants was not happened. Moreover, the said witness has also stated in his statement that he does not know who has demolished the room of the complainant. Thus, the investigating officer has submitted report dated 21/22/4/2014 before the learned Court concerned wherein it is specifically stated that no evidence against the applicants is available on record which suggests that they demolished the property of the complainant and insulted and/or intimidated with an intent to humiliate the complainant, who is a member of SC/ST, by his caste name in any place within public view. Thus, from the report of the investigating officer in coupled with the statement of the aforesaid witness, it is found out that no offence as alleged by the complainant is made out against the applicants.