CHANDUBHAI KARSHANBHAI BHADUKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present revision application is filed under Sec. 397 read with Sec. 401 of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") challenging the legality and validity of the judgment and order dtd. 17/9/2022 passed by the 9th Additional Sessions Judge, Rajkot (hereinafter referred to as "the learned Sessions Court") in Criminal Appeal No.06 of 2021, which inter alia, released all the accused on probation for the offences punishable under Ss. 325, 504, 506(2) and 114 of the Indian Penal Code (hereinafter referred to as "the IPC").

(2.) The brief facts resulting into filing of the present revision application are that the present applicant is the original complainant who lodged a complaint against the opponent Nos.2 to 4 (hereinafter referred to as "the opponents") vide C.R.No.108 of 2012 registered at Rajkot Taluka Police Station for the offences punishable under Ss. 325, 504, 506(2), 114 and 188 of the IPC. The main allegations made against the opponents were with regard to a civil land dispute between the families of the applicant and the opponents, with a stay operating in favour of the applicant - original complainant. Despite the existence of this civil proceedings, the opponents tried to take possession of the land, which led to a scuffle between the parties, resulting in filing of the First Information Report.

(3.) Heard Mr. Kalpesh M. Pandit, learned advocate appearing for the applicant and Mr. Viral Vyas, learned advocate appearing on behalf of Mr. Ashish M. Dagli, learned advocate for the respondent Nos.2,3 and 4.