RUTURAJSINH ASHOKSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, it is required to be noted that, present petitioners have not pressed for this application insofar as the offence punishable under the IPC . Thus, this application is confined to the offence punishable under the Atrocities Act.

(2.) By way of this petition, under Sec. 482 of the Code of Criminal Procedure, the petitioners have prayed for quashment of the FIR being I-C.R. No.82 of 2017 registered with Gandhidham 'B' Division Police Station against the petitioners for the offences punishable under Ss. 3(1) (r), 3(1)(s), 3(2)(v) and 3(2)(va) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 .

(3.) The short facts of the case as emerging from the FIR are that the applicants were arrested in connection with I-C.R. No.82 of 2017 registered with Gandhidham 'B' Division Police Station for offences punishable under Ss. 332 , 333 , 323 , 186 , 504 , and 114 of the Indian Penal Code; Ss. 3(1)(r) , 3(1)(s) , 3(2)(v) , and 3(2)(va) of the-ct, 1989; Sec. 177 of the Motor Vehicles Act; and Sec. 135 of the Gujarat Police Act. Upon completion of investigation, a charge-sheet was filed and the matter was registered as Criminal Case No.2211 of 2017 before the Judicial Magistrate First Class, Gandhidham, and subsequently committed to the Court of Sessions, being triable by the Special Judge under the Atrocities Act, and numbered as Special (Atrocity) Case No.24 of 2017.