JAKIRMOHAMMED MEMABHAI ATHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash and set aside FIR dated 12.3.2013 registered with Danta Police Station vide I-C.R.No.22/2013 for the offences punishable under Sections 323, 504, 506 (2), 143, 147, 149, 395 of the Indian Penal Code and under Section 3 (1) (10) of the Atrocities Act.

(2.) While taking me to the allegations levelled in the complaint, learned counsel for the applicants has stated that petitioner no.1 apprehended that some anti-social elements are likely to hinder or create obstacles in Taluka Panchayat election, which was to be held on 13.3.2013 and addressed a communication to the Election Commission as well as to the concerned police authority and directions were given accordingly. However, when the petitioners reached the office of Taluka Development Officer, Taluka Panchayat, Danta, around 11.40 a.m. on 12.3.2013 a Member of BJP along with 20 to 25 persons attacked the petitioners and thrown the petitioners out of Taluka Panchayat office and even in the said incidence, PSI, Shri Barad was injured. Rs.5,000/- was snatched away from the pocket of petitioner no.1 and even vehicle bearing registration no.GJ-8-F-7102 was also damaged. The above incident had taken place inspite of police protection provided. The petitioner registered a police complaint against such accused persons being FIR No.21/2013 on the same day with Danta Police Station for the offences under Sections 33, 332, 143, 147, 149 and 427 of the Indian Penal Code. It is the case of the petitioner that he sustained injuries, hence, after registering the above FIR, a letter was addressed for the treatment to be provided to the petitioner immediately. Pursuant to the said incident and after filing the FIR as above, as a counter-blast and retaliatory measure respondent no.2- original complainant, an active member of BJP and also a member of Taluka Panchayat and a presidential candidate to the post of President, Danta Taluka Panchayat, only with a view to harass and take political advantage filed FIR No.22/2013 around 22.00 hours on 12.3.2013, which is impugned in this petition on various grounds.

(3.) It is submitted that FIR impugned is malicious, and out of vengeance and to take political advantage, frivolous complaint is lodged. It is submitted that even if carefully perused no ingredients of offence under Section 3 (1) (10) of the Atrocities Act are found in absence of any specific allegation in the complaint. Neither the petitioner has deliberately or intentionally insulted or intimidated the complainant at the place of offence with a view to humiliate and that too at a place with public view. Barring this, allegation of snatching gold chain etc. are made so as to attract offence under Sections 395 of IPC and, therefore, present proceeding being abuse of process of law deserve to be quashed and set aside.