KAKUBHAI @ MANOJBHAI LAKHMANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri K.T.Dave, learned APP waives service of rule on behalf of the respondent No.1 State and Ms. Bharti Rana, learned advocate waives service of rule on behalf of the respondent No.2 original complainant. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) By way of this petition under section 482 of the Cr.P.C., the petitioner original accused has prayed for an appropriate order to quash and set aside the impugned complaint / FIR being CR II No. 3018 of 2007 registered with Chuda Police Station for the offences alleged against the petitioner under section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act; 1989.

(3.) At the outset, it is required to be noted that initially the petitioner requested to quash and set aside the entire FIR, however, at the time of hearing of the present petition on 6.7.2007, the learned advocate appearing for the petitioner made a statement that the petitioner does not press the present petition for quashing the complaint so far as offences under sections 504 and 506(2) of the IPC are concerned and he restricts the present petition qua the application with regard to the offences under section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act; 1989. Under the circumstances, this Court is required to consider the present petition qua the allegations against the petitioner with regard to offences under section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act; 1989.