BHUPATJI POPATJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. L. B. 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 today itself.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-97 of 2016 registered with Deodar Police Station, Banaskantha on 29.12.2016, against the present applicants-accused for the offences under Sections 143, 147, 148, 149, 324, 323 of the Indian Penal Code, 1860, and section 135 of the Gujarat Police Act, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) As the allegations in the FIR travel, the side of the complainant and side of the accused were two rival groups in the Gram Panchayat elections. The incident happened after counting took place. Since the candidate of complainant side had succeeded for the post of sarpanch, the allegation is that the supporters of the other side including the accused applicants came with certain weapons and started altercating with the complainant. The altercation resulted into heated quarrel and some use of force. There were cross complaints.