PRATIK RAJESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present writ application, the applicant - original accused seeks quashing of First Information Report (F.I.R.) being C.R. No.II-3056 of 2017 registered with Himatnagar "B" Division Police Station, Dist.Sabarkantha for the offences punishable under sections 504, 506(2) of the Indian Penal Code, 1860 (for short "the IPC") as well as Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Atrocities Act").

(2.) The facts of the case as mentioned in the memo of application are as under:

(3.) Learned advocate appearing on behalf of the applicant has submitted that the entire F.I.R. is a counter-blast to the complaint made by the applicant to respondent No.2 under section 138 of the N.I. Act. He has submitted that the applicant had also made representations to various authorities, including the Hon'ble Chief Minister of Gujarat State, the Home Minister of Gujarat State and various other authorities with all the relevant documents requesting that respondent No.2 will file a complaint under the Atrocities Act and harass and humiliate him, one such representation is made on 17.06.2017. Reliance is placed upon the judgement of this court in the case of Diren Prafulbhai Shah Vs. State of Gujarat & Anr., 2016 4 GLR 2785 for the proposition of law that the entire incident cannot be said to have been committed in "public view". He has also pointed out various relevant provisions of the Atrocities Act. He has also submitted that the SMSs alleged to have been sent by the applicant to respondent No.2 are concocted.