VINODKUMAR PARSOTTAMDAS JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure (for short "the Code"), the applicant seeks quashing of the FIR registered as CR No.11205006200313 of 2020 registered with Gadhshisha Police Station, Kutch (West), Bhuj for the offence punishable under Ss. 294(b), 323, 506(2) and 114 of the Indian Penal Code read with Ss. 3(1)(r), 3(1)(s), 3(1)(f), 3(2)(va) and 4 of the the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and further proceedings arising thereof.

(2.) The brief facts of the case are as under :

(3.) Learned advocate Mr.Hriday Buch along with learned advocate Mr.Dhruv Tolia for the petitioner seeking quashment of the FIR would argue that the petitioner was serving as Taluka Development Officer, Mandvi, Kutch at the relevant time. In a dispute between three sons of Lalji Rabadiya on 7/11/2019, the petitioner in capacity of TDO, Mandvi, Kutch has passed the order and restored the possession prior to 15/2/1990 and as such, restored the possession of the property prior to issue No.8 of Resolution No.42 of Rampar Gram Pranchayat. He would submit that while doing so, the petitioner was acting in capacity of TDO and he was functioning as per power vested under the Gujarat Panchayats Act. Therefore, it cannot be said that he has committed offence under Sec. 4 of Atrocities Act read with Sec. 114 of IPC and cannot be arraigned as accused in the impugned FIR. Mainly upon above submissions, he would submit to quash the FIR against the petitioner.