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2016 Supreme(Guj) 205

J.B.PARDIWALA
Dhiren Prafulbhai Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Chetan K. Pandya, Advocate
For the Respondents: H.K. Patel, Addl. Public Prosecutor

JUDGMENT :

J.B. Pardiwala, J.

1. Rule returnable forthwith. Mr. Patel, the learned APP waives service of notice of rule for and on behalf of the respondent No. 1- State of Gujarat. Mr. Bharda, the learned advocate waives service of notice of rule for and on behalf of the respondent No. 2-original first informant.

2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused, serving as a 'Principal' in the 'Vidya Bharti Pharmacy College', situated at the Village-Umrakh, Taluka- Bardoli, District-Surat, seeks to invoke the inherent powers of this Court praying for quashing of the criminal proceedings, being Special (Atrocity) Case No. 27 of 2015, pending as on today in the Court of the learned Additional Sessions Judge, Bardoli, arising from the F.I.R. being C.R. No. II-51 of 2015 registered with the Bardoli Police Station, District-Surat, for the offence punishable under Sections-3(1)(ix), 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The case of the prosecution may be summarized as under:--

"3.1 The first informant and his wife were serving as the 'Assistant Professor' with the 'Vidya Bh














































































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