JAGDISHSINH NATUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Learned Additional Public Prosecutor Mr. LB Dabhi waives service of Rule on behalf of the respondent state. In the facts and circumstances of the case, the present application was taken up for final consideration.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-20 of 2017 registered with "C" Division Police Station, Jamnagar, on 14.02.2017, in respect of alleged offences under Sections 307, 323, 324, 504, 143, 147, 148 and 149 of the Indian Penal code and under Section 135(1) of the Gujarat Police Act, that this application is presented by the applicant under section 438 of the Code of Criminal Procedure, 1973.

(3.) It is stated by the first informant in the First Information Report that earlier his father had an altercation with the present accused with regard to the blockade created by placing activa scooter in the way. Keeping a grudge for the said incident, the accused persons including the applicant formed an unlawful assembly and came with weapons in their hands. The present applicant was shown to have welding a sword whereas the other accused was shown to be welding different weapons such as dharia, pipe, sticks etc.