KARANSING N MANDVATH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. M.R.Mengdey, learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1. Mr. Shakeel Qureshi, learned Advocate waives service of rule on behalf of respondent No.2.

(2.) Shri Shital Patel, learned Advocate appearing on behalf of the petitioners original respondents does not press the present application for quashing complaint / F.I.R. so far as the alleged offence under Sections 420, 423, 443, 465, 467, 471, 474, 120B read with Section 34 of the Indian Penal Code, however, with a liberty to move appropriate application for discharge if charge-sheet is filed against the petitioners. However, he has submitted that so far as the F.I.R. / complaint against the petitioners for the offences under Section 3(1)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ("the said Act" for short), is concerned, there is no allegation against the petitioners and in fact property in question was sold. He has submitted that to continue prosecution against the petitioners for the said offence would be abuse of process of law and it is requested to quash the complaint qua said offence.

(3.) Shri Qureshi, learned Advocate appearing on behalf of respondent No.2 original complainant is not in a position to satisfy this Court with regard to the averments and/or any offence committed by the petitioners for the offence under Section 3(1)(5) of the said Act. Under the circumstances, to continue prosecution against the petitioners for offence under Section 3(1)(5) of the said Act, would be abuse of process of law and the same cannot be continued.