KAMLESHBHAI RAJUBHAI SINDHAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is in connection with the First Information Report bearing C. R. No. I-132 of 2016 registered on 22.07.2016 with Gondal City Police Station, Rajkot, that the present applicant who was not named in the F.I.R., seeks pre-arrest protection by filing this application under section 438 of the Code of Criminal Procedure, 1973.

(2.) As per the allegations in the F.I.R., the complainant was running a pan shop. On the day of incident, the accused persons who were named in the F.I.R., keeping the enmity against the complainant for the reason that the complainant was not giving pan masala and other articles from his shop to the accused persons on credit and was demanding money for such articles given to the accused, came with a sword and other weapons. They were in mob of about 15 persons and attacked the complainant wielding the weapons. The present applicant was not named in the 15 persons mentioned in the F.I.R.

(3.) The name of the applicant appears to have been disclosed as an offender allegedly committing offence under Section 212 of the Indian Penal Code of harbouring one of accused No.12 named Haneef Khatki. In the second set of persons arraigned as accused, the present applicant and one Punabhai who was also charged with the same offence, were mentioned at Serial Nos.13 and 14.