RAJESH THANAJI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The common applicants of both these applications has approached this Court praying that the First Information Reports being C.R. No. II-3091 of 2013 and 3092 of 2013 registered with Maninagar Police Station be quashed and set aside. For the purpose of this judgement, facts from Criminal Misc. Application No. 12530 of 2013 will be considered.

(2.) Respondent no. 2 has filed the aforesaid complaints under Section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989. It is the case of the complainant - respondent no. 2 that he is a labourer engaged in construction work. A year before the complaint was filed, it was the case of the complainant that the present applicant would threaten him to get his house at Shahvadi demolished, unless an amount of Rs.1,50,000/- is not paid to him. The applicant had used derogatory remarks casting aspersions on the caste of the complainant, as a result of which he was constrained to file a complaint being C.R. No. II- 3023 of 2012 with the Maninagar Police Station. As no action was being taken, pursuant to the complaint so filed, on 21.06.2013, the complainant went to the police station to lodge an application under the RTI Act. At this point of time, both the applicants met him there and according to the complainant abused him using foul language and remarked on his caste. It was therefore under these circumstances that he filed the present complaint under the Atrocities Act.

(3.) Mr. Tejas Barot, learned advocate appearing for the applicants - original accused submitted that certain illegal constructions were coming up in the Lambha ward within the limits of the Ahmedabad Municipal Corporation. The applicant no. 1 had obtained information regarding such construction under the Right to Information Act. A Municipal Corporator of the Lambha ward was opposed to the genuine crusade against the illegal construction at the hands of the applicants. A First Information Report was also registered by the RTI activists being FIR No. 11/2012 against the Corporator. This the applicants had done as the member of the Ahmedabad RTI Activists Sangh.