AMITBHAI A PANDYA Vs. BHARTIYA JIVABHAI NATTHUBHAI RATHOD

JUDGEMENT

(1.) This petition under Section 482 of the Criminal Procedure Code is filed for quashing of F.I.R. being M. Case No. 1 of 2011 registered with Kalol City Police Station for offences under Sections 166, 167, 466, 323, 504 and 506(2) of the Indian Penal Code and Sections 3(1)((iv) (v), (ix) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said FIR is registered on 26.04.2011 in connection with an incident which allegedly took place in December 2010 and the FIR is registered against petitioner No. 1, who is Chief Officer of Kalol Nagarpalika and two others, who are also employees of the Nagarpalika.

(2.) Heard Mr. Amin, learned Advocate for the petitioners, Mr. Prajapati, learned Advocate for respondent No. 1-complainant and learned APP Ms. Monali Bhatt for respondent No. 2 - State.

(3.) Learned Advocate for the petitioners submitted that the entire story as is narrated in the FIR is unbelievable. Though the alleged incident is of December 2010, still, the complainant has approached the authorities at belated stage. In fact, no such incident has occurred. Whatever entries are made in the record or on the basis of either inspection or documents, are part of the record and if any grievance is there for the complainant against recording of the entries, option is available to him. However, instead of resorting to such option available in law, the complainant has resorted to filing this frivolous complaint so that he can pressurize the petitioners, who are officials of Nagarpalika, to accede to his demands.