P D VAGHELA CHAIRMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) by six accused persons, out of the total 17 accused persons, of the First Information Report being M. Case No.110 of 2009 registered with Gandhidham Police Station. The applicants have prayed that the said FIR be quashed and set aside qua them.

(2.) The respondent no.2 original complainant had filed Criminal Case No.183 of 2009 before the Chief Judicial Magistrate, Gandhidham under section 424, 447, 427, 114 and 120B of IPC along with Sections 3(1)(v) and 3(2)(vii) of The Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. The complainant has filed the said complaint against 17 accused inter alia alleging that he belongs to Schedule Tribe and the Certificate to that effect has been issued by the competent authority. He submitted an application on 25.06.1991 to the Collector and requested to grant a plot for the purpose of his business. The Collector by an order dated 20.12.1993 granted the land admeasuring 2000 sq. metres from Survey No.155/1 paiki situated at Village Kidana, Taluka Anjar (At present Gandhidham). It is the case of the complainant that possession of the said land was given to him by the Mamlatdar on 24.10.1994 and the complainant was in possession of the said land since then. He was paying the revenue with regard to the land in question and he has constructed one room for the purpose of his residence in the said plot. It is alleged by the complainant that the accused hatched a conspiracy and thereby encroached upon the land allotted to him for the purpose of constructing a compound wall for the Special Economic Zone (SEZ) and thereby, caused damage to the land allotted to the complainant and also the room which was constructed over the said land. It is further alleged that the accused are giving threats to the complainant and he is not being permitted to enter into his land. He, therefore, made representation to the accused persons. However, his request was not considered. It is, therefore, alleged that the accused have committed the alleged offences. The said complaint was filed on 30.05.2009 and the learned Addl. Chief Judicial Magistrate passed an order on the very same day whereby, the said complaint was sent for investigation under section 156(3) of the Code.

(3.) On the basis of the said order, the complaint was registered vide M. Case No.110 of 2009 with Gandhidham Police Station. The six accused persons, therefore, filed the present application under section 482 of the Code.