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B.N.KARIA
Varyava Abdul Vahab Mahmood – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the Parties:
For the Appellant No.1:Mr. Isa Hakim(10874), Advocate
For the Respondent No.1: Mr. Hardik Soni, APP
For the Respondent No.2:Mr. Romil L. Kodekar(5127), Advocate

JUDGMENT (CAV)

B.N. Karia, J.—By preferring this appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act” for short), the appellant had challenged the order dated 28.12.2021 passed by the learned Principal Sessions Judge (Atrocities), Bharuch in connection with the FIR being C.R.No.11199003211359, dated 15.11.2021 registered with Aamod Police Station, Bharuch.

2. Short facts of the present case are as under:

2.1 An FIR was registered with Aamod Police Station, Bharuch being C.R.No. 11199003211359, dated 15.11.2021 on the information given by the respondent no.2 Shri Salman Vasant Patel/Pravinbhai Vasantbhai Vasava for alleged offences punishable under Sections 4 of Freedom of Religion Act and Section 120B, 153(B)(1)(c), 506(2) of the Indian Penal Code (hereinafter referred to as “the IPC” for short). As per the contents of the FIR, before 15 years, two of the accused viz. accused no.1-Shri Shabbirbhai Bakerywala and accused no.2- Shri Samadbhai Bakerywala came to the accused no.3 — Shri Abdul Aziz Patel/Ajitbhai Chagganbhai Vasava and by providing financial assistance, allegedly

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