BHARATBHAI @ VIRAMBHAI RAGHUBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Vasim Kureshi, learned advocate, states that he has received instruction to appear on behalf of the original complainant. He is permitted to file appearance. He identified the complainant, who is present in the Court. He states that the affidavit of the complainant is already on record.

(2.) By way of this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing and setting aside FIR bearing C.R.No.I-27 of 2018 registered with Lakhtar Police Station, Surendranagar for the commission of offence punishable under Sections 147, 148, 149, 186, 323, 506(2), 504 and 427 etc. of the IPC and under Section 3(1)(R)(S) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016 as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant.

(3.) The short facts arise from the record are that the alleged incident occurred on 05.05.2018 and a complaint is filed on 06.05.2018 alleging that he is serving in Lakhtar Gram Panchayat as peon and on 05.05.2018, when he along with other elected members of the Gram Panchayat were present on that time around 2.30 o'clock at noon Rabari Community persons were came to Gram Panchayat with stick and broken the certain items and the accused persons used to exchange words against him and also insulted him against this caste. That accused persons also damaged the properties and were also restraining the complainant to perform his duty. The members of the Gram Panchayat also intervened and the accused persons were left the place and gone to Sarpanch's house namely Prahladbhai Patel and on that time, wife of the Sarpanch was present and accused persons were given threat to her and when the Sarpanch of the village panchayat came, they have to decide to file criminal complaint against the accused persons.