CHAUDHARY PARTHIBHAI JETHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition has been filed by the petitioners under Section 482 of the Criminal Procedure Code (for short "Cr.P.C.) to quash and set aside the proceedings of the First Information Report being C.R. No.II -73/2002, lodged with Kheralu Police Station by the respondent No.2 against the present petitioners.

(2.) THE facts leading to this petition in nutshell are as under:

(3.) LEARNED advocate Mr.Y.M.Thakore for learned advocate Mr.P.K.Jani for the petitioners has submitted that in support of the facts narrated in the petition regarding the various resolutions passed by the Managing Committee of the Society, petitioners have produced necessary copies of the said resolutions along with this petition. That considering the copy of the resolution of the meeting dated 20.11.2001, it clearly transpires that it came to the notice of the office bearers of the Society that some of the members were not supplying the milk to the Society and thereby they were committing the breach of bye -law No.10(4) of the Bye -laws framed by the Society and, therefore, it was resolved to issue show -cause notices to such defaulting members. It is submitted that considering the copy of said resolution, along with other defaulting members, the name of respondent No.2 also appeared. It is submitted that accordingly, along with other defaulting members, the show -cause notice also was issued to respondent No.2. That thereafter, the meeting of the Managing Committee was convened on 04.01.2002, and the resolution came to be passed. In the said resolution, it was resolved to remove those members who were not complying with the bye -laws and were making default in supplying the milk to the Society. That resolution was passed subject to further approval to be obtained of the General Body of the Society. It is submitted that the meeting of the General Body of the Society was convened on 20.03.2002 and it was resolved by the General Body of the Society that the defaulting members to whom the show -cause notices were issued, in spite of that they were not complying with the mandate and the bye -laws, it was resolved to remove those members from the membership of the Society, as well as it was resolved that their share capital be taken over and the same be transferred in reserve funds of the Society. That in the said resolution, the names of the members who are removed were mentioned and one of them, was respondent No.2. It is submitted that keeping this grudge in the mind, on 26.04.2002, between 18.00 Hours to 20.00 Hours in the evening, the present respondent No.2 along with other persons armed with deadly weapon and forming unlawful assembly came to the office of the Society and committed various offences punishable under Sections 323, 506(2), 143, 427 and 294 of the Indian Penal Code. And, therefore, the present petitioner No.1 lodged the FIR before Kheralu Police Station bearing C.R.No.53/2002 against the present respondent No.2 and other persons. It is submitted that realizing such situation that in connection with the said offences, the office bearers of the Society would definitely file police complaint, as a counterblast, respondent No.2 filed the FIR in question bearing C.R.No.II -73/2002 before Kheralu Police Station for the offences punishable under Section 506(2) r/w. Section 114 of the Indian Penal Code, under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against petitioners. It is submitted that so far as the allegation levelled by respondent No.2 in his FIR against the petitioners pertaining to the offence punishable under Section 3(1)(10) of the Atrocities Act is concerned, it is admitted fact that during the course of the investigation, the said allegation prima faice turned to be false and police dropped that charge from the FIR. That therefore, now the only allegation which remains in the FIR is about alleged offence punishable under Section 506(2) of the Indian Penal Code. That considering the FIR as it is, it is alleged that two separate incidents occurred on 26.04.2002, namely the first incident at 7.00 p.m. wherein it is alleged that petitioners armed with dharia in their hands quarreled with respondent No.2 - first informant of the FIR, to sign some declaration. That it is stated in the FIR that thereafter, at 9.00 p.m. on the same day, the petitioners came to meet respondent No.2 and his family members and at that time one Senma Shankarbhai Bhikhabhai tried to intervene and the petitioners abused Senma Shankarbhai Bhikhabhai by his caste and threatened him to kill. That therefore, even considering the FIR as it is and after deletion of the offence punishable under the provision of the Atrocities Act, it can be said that FIR was lodged with malicious intention by the respondent No.2. Therefore, it is submitted that the petition be allowed.