MAHENDRAKUMAR KHUSHALCHANDRA PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused for the anticipatory bail in connection with the FIR being C.R.No. I - 114/2018 registered with Talod Police Station, District: Sabarkantha for the offences punishable under Sections 120B, 167, 192, 193, 217, 218, 219, 465, 466, 467, 468, 471 of the Indian Penal Code, and Section 3(1)(f), 3(1)(g), 3(1)(p), 3(2)(v), 3(2)(v-a) of the Atrocity Act.

(2.) The short fact of the prosecution is that on 12.12.2018 the complainant gave a complaint whereby he alleged that in the year 2007, the prevalent Mamlatdar had certified the Entry No.2647 by which land bearing Survey No.641 situated at Antroli-Village, Talod-Taluka, was mutated in the name of accused nos.1 and 2. It is also alleged that the said land was sold to accused nos.3 and 4 and the entry pertaining to same was also mutated in the revenue record. As per the complaint, said entry was challenged by present complainant, who was co-owner of the land and Collector had ordered to remand the case and the same was decided by present applicant without verifying the service of notice to the respondents of the said case. Present applicant had passed order in the said case after scrutinizing records and documents presented before him and thereby on 3.9.2012, present applicant had suppressed facts of government records being manipulated.

(3.) The original complainant - respondent No.2 has filed affidavit-in-reply wherein he has stated that the present accused, at the relevant time, was Mamlatdar and he has tempered with the relevant revenue record and with collusion of other accused suppressed the details of past revenue record, moreover twisted it and permitted the other accused to prepare false record and accepted it as true record and considering the prima facie material, custodial interrogation is required and the offence under the Atrocity Act is made out and, therefore, the present appeal may be dismissed.