ADAM BACH CHANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri MR Mengdey, learned APP waives service of Rule on behalf of respondent State. As both these applications arise out of the same FIR/Complaint they are being disposed of by this common order.

(2.) By way of these applications filed under Section 482 of the Code of Criminal Procedure, 1973, the respective applicants, original-accused, have prayed to quash and set aside the Complaint/FIR filed by respondent No.4, being C.R. No. II-3277 of 2006 dated 25th November 2006 registered with Mundra police station.

(3.) A criminal complaint, being C.R. No. II-3277 of 2006 is filed by one Muljibhai Dahyabhai Maheshwari [Dalit] aged 85 against the respective petitioners - original-accused for the offences punishable under Section 3(1)(v) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as 'the Act'] alleging inter alia that land bearing Survey No. 83 is in his possession; that the accused have jointly tried to dispossess him and by creating a bogus power of attorney have sold the land to one Adam Chaki, i.e., petitioner of Criminal Misc. Application No. 13569 of 2006 and thus have tried to snatch the land of the petitioner and are trying to interfere with possession of the petitioner; and therefore it is alleged that the petitioners original-accused have committed the offences under Section 3(1)(v) of the Act. It is required to be noted that during the course of the investigation and before even further investigation was carried out, one of the accused, i.e., Adam Bach Chanki has preferred Criminal Misc. Application No. 13569/2006 and the said application came to be admitted and the learned Single Judge of this Court granted interim relief directing the respondents not to arrest the applicant in connection with the aforesaid complaint. Thus, even at the admission stage no stay of further investigation has been granted by this Court. Both the respective applicants, original-accused have preferred the present applications under Section 482 of the