DUSHYANTSINH PRAVINSINH RAVALJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.H.R. Prajapati for the petitioner and learned Additional Public Prosecutor Mr.L.B. Dabhi for the respondent-State. Learned advocate Mr.Hasit Dave appeared for the second respondent.

(2.) What is prayed in this application filed under section 482 of the Code of Criminal Procedure, 1973, is to quash the First Information Report bearing Crime Register No.II-25 of 2014 dated 17th May, 2014 registered with Umalla Police Station, Bharuch Rural.

(3.) The allegations in the First Information Report may be considered at the out set with relevance. The complainant stated that the land bearing Khata No. 36, Block No. 215, 248 situated at village Umdhara was running in the name of her uncle Devjibhai Chitiyabhai Vasava and his sister Jamnaben Chitiyabhai Vasava and that a Will has been executed pursuant to which the land was in possession of the first informant. It was further alleged by the first informant that on 02nd May, 2014 at around 9 a.m., he was at his home. At that time, the applicant herein came and stated that he had purchased the said land, therefore the first informant should remove the tractors and other equipments therefrom. In response to the same, the complainant responded that the land was in his possession. Thereafter, the applicant, as the allegations proceeds, got enraged and spoken abusive language in relation to the caste. He thereafter indulged into kick and fist. The nephew of the complainant intervened who was also assaulted with iron pipe. Other people came rushing and all had a scuffle. Thereafter, neighboring people came and tried to cool-down the anger. It was alleged that thereafter accused persons went away further using abusive language and giving threats for life. This led to the filling of the F.I.R. in question for the aforesaid offences.