SHANAVAZ @ SHANUDO SALIM HINGORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC"), the applicants herein - original accused have prayed to quash and set aside the FIR being ICR No.52/2018 registered with Upleta Police Station, Rajkot (Rural) for the offences under Sections 332, 294(KH), 504, 506(2), 323 and 114 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sections 3(1)(r), 3(2)(5)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and section 135 of the Gujarat Police Act.

(2.) The shorts facts arising from the record are as under:

(3.) Mr. Sunil C. Patel, learned advocate appearing for the applicants while taking me through two applications dated 12.03.2018 and 21.03.2018 made by applicant No.3 would submit that the complainant of the FIR in question who is in police department had misbehaved with the applicant No.3 and threatened him and the said incident had taken place on 05.03.2018 and therefore, the said two applications were filed by the applicant No.3, however no action has been taken by the police officer. He would submit that the impugned FIR has been lodged as a counter blast to those applications so that the applications submitted by applicant No.3 may be further investigated. Mr. Patel, learned advocate therefore would submit that the impugned FIR be quashed and set aside.