BHARATBHAI DEVDASBHAI SUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Kirtidev Dave for the petitioner, learned Additional Public Prosecutor Mr.L.B. Dabhi for respondent No.1-State and learned advocate Mr.A.B. Ghatesania for respondent No.3- private complainant.

(2.) By invoking aid of Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to quash the First Information Report bearing Crime Register No.I-56 of 2014 registered on 19th November, 2014 with Lakhtar Police Station, District Surendranagar. The offences alleged in the F.I.R. are under Sections 447, 323, 504, 506(2) as well as under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) The first informant who was Sarpanch, stated in his complaint that on 18th November, 2014 he and his son Khengar were working on the water pipeline in their agriculture field in the sim of village Gethla. During that time, at around 01.00 p.m. to 02.00 p.m. in the noon, the applicant was passing from the place and seeing the complainant and his son working in the field and taking advantage of their loneliness, the applicant-accused took his motor cycle inside the agriculture field. He used abusive language relating to caste and further stated that we belonged to higher community and when you are sitting on the seat of Sarpanch, we feel insulted and that the complainant should resign from the post of Sarpanch otherwise he would be killed. The accused again used abusive castist language and asked the complainant to give signature in a blank paper. The first informant thereafter narrated that the applicant thereafter caught hold of his shoulder and pushed him down the ground, because of which he suffered internal injuries. During this time, son of the first informant Khengar who was working at the other end of the pipeline, also rushed to the seen and tried to help the complainant but the applicant abused him also. Thereafter the applicant went away. The first informant stated that the reason for incident was that before about three years, he hailing from scheduled tribe, got elected as Sarpanch of the village which was not liked by the applicant.