THAKOR RAMESHJI VALAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Ronak Raval 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 today itself.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-59 of 2017 registered with Mehsana Taluka Police Station, Mehsana on 19.03.2017 against the present applicants-accused for the offence under Sections 143, 147, 149, 302, 323, 504 of the Indian Penal Code, 1860 and Section 135 of the Bombay Police Act, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) The first informant stated that on 20.07.2016, his son one Kalpesh was taking bath and asked the complainant to pour water. It was alleged that since before five days, there was an altercation in respect of use of the way in the field, at the time when the son was taking bath as above, the applicants and other persons came and started beating the son of the first informant; all those who had come there used the abusive language.