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2010 Supreme(Guj) 235

K.M.THAKER, SUDHANSU JYOTI MUKHOPADHAYA
SANDIP JAYKISHAN RATHOD (HALPATI), SARPANCH OF & 2 – Appellant
Versus
STATE OF GUJARAT & 1 – Respondent


Advocates Appeared:
MR. B.M. MANGUKIYA for Applicant(s) : 1 - 3.
MS. BELA A. PRAJAPATI for Applicant(s) : 1 - 3.
MS. KRINA CALLA ASST. PUBLIC PROSECUTOR for Respondent(s): 1,
D.S. AFF.NOT FILED (N) for Respondent(s): 2,

JUDGMENT

1. In this application, preferred under Section 482 of Criminal Procedure Code 1973 (hereinafter referred to as “the Code”) the three applicants have prayed that the First Information Report (“FIR” for short) lodged with Umergam Police Station which has been registered as C.R. No. I - 20 of 2010 for the alleged commission of offences punishable under Sections 143, 147, 148, 435, 365 and 506(2) of Indian Penal Code (“IPC” for short) and Sections 3 and 7 of the Damage to Public Properties Act, 1984, may be quashed and set aside.

2. The applicants have inter alia claimed that the said FIR - complaint is vexatious and abuse of process of law. It is also claimed that the allegations made in the complaint - FIR are absurd and it has been filed with an ulterior motive of pressurising the applicants who have raised voice against certain illegal and unauthorised activities of some of the industrial units who have been discharging untreated effluent which has adversely affected the soil of the nearby villages and the marine life in the sea. The applicants have preferred present application on the premise that the FIR - compliant even if taken on its face value, is absurd and deserves


























































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