RAMGHANI RAMSAJIVAN GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned A.P.P. waives service of notice of admission for the respondent - State and learned advocate Ms.S.M. Rana waives service of notice of admission for respondent No.2 - complainant. The learned advocate for respondent No.2 - complainant places affidavit-in-reply filed on behalf of respondent No.2, which is ordered to be taken on record.

(2.) Vide order dated 04.12.2018 passed by the learned Special Judge, Additional Sessions Court, Navsari in Criminal Misc. Application No.1190 of 2018, the learned trial Judge rejected the application of the appellants filed u/s 438 of the Code of Criminal Procedure, 1973 to enlarge them on anticipatory bail in the event of their arrest on account of offence being registered vide C.R.No.I-104 of 2018 with Navsari Town police station, Navsari for the offence punishable under Sections 323, 504, 506(2), 354(B) and 114 of the Indian Penal Code, Section 135 of the G.P. Act and Sections 3(1)(R)(Z) and 3(2)(5A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "Atrocity Act").

(3.) Feeling aggrieved by the said order, the appellants preferred said appeal u/s 14A of the Atrocity Act.