NOGHABHAI DUDABHAI DODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of present application, invoking section 482 of the Code of Criminal Procedure, 1973, the applicant herein-original accused has approached this Court praying for quashment of the First Information Report bearing Crime Register No.II-3103 of 2014 registered on 22nd July, 2014 with the Kodinar Police Station, District Gir Somnath.

(2.) The said First Information Report was in connection with offences alleged under Sections 352, 504 of the Indian Penal Code, 1860, as well as for the alleged offence under section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985. The F.I.R. which came to be registered on 22nd July, 2014 at 1515 hours was in respect of the alleged incident which took place at around 1000 hours on 08th September, 2013.

(3.) The complainant alleged that on 08th September, 2013 he was going from Village Nanavada to Village Kaj on his vehicle Scooty; the applicant herein came on his motorcycle on the opposite direction driving his motorcycle straight towards the complainant; the complainant was forced to leave his vehicle on the side. The applicant herein uttered abusive language and questioned the complainant as to why he had registered a complaint against his nephew under the Atrocity Act. It was alleged that thereafter he awoke abusive words about the caste while leaving. At that time, it was alleged, one Bhanuben Dilipbhai and Lalitbhai Nanjibhai of the village were coming towards Village Kaj and who had seen the incident.