GOVINDBHAI TRIBHOVANBHAI PATEL 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 C.R. No. 11206033210727 registered with Unjha Police Station against the petitioners for the offences punishable under Sec. 3(1)(r), 3(1)(s), 3(2)(5)(a) 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 respondent no. 2 is original belongs to SC Caste. In the village Varahi, there were two water well for Dalit Category people since Government of Gaikwad and since there were facility of tap water from panchyat; the same were came to be shut and at the relevant point of time, there were no objection from any of person and the same place was also used for social activities. Even, the same place were also cordoned by person of patel community and there are two doors, one at the side of our area and another gate is at Patel Samaj people. For the act of Patel community, this was objected by complainant and his family members. Even, various applications were also preferred by the compliant to various authorities. Thereafter, these accused persons had come to the complainant and also informed that they would not make any construction of wall and would permit the complainant and other community people to use the same. Thereafter, on July 2021- when persons of Patel community had started construction for birds house and thus, it was objected. Thus, the complainant had also preferred various application before the concerned authority. On 13/8/2021, when the accused persons were unloading material of construction from vehicle and complainant had gone there and instructed to not to unload the materials. Thereafter, the accused persons had also come there and got angry upon the complainant, give fist blows, threatened with dire consequences and thereafter, other persons had come. With regard to this, complaint came to be registered with Unjha Police Station District Mehsana.