Important Point-Section 114 of Indian Penal Code is evidentiary not punitory.

By this writ-application under Article 226 of the Constitution of India, the applicants – original accused persons have prayed for the following reliefs :

“(A) Your Lordships may be pleased to issue an appropriate writ, order or direction to quash and set aside FIR being CR No.I-88 of 2012 dated 27.4.2012 registered with Chok Bazar Police Station, Surat city as well as charge-sheet dated 12.11.2014 bearing No.124/2014; and Criminal Case No.62511/2014 pending before the Hon’ble Court of Hon’ble 3rd Addi Civil Judge & J.M.F.C. qua the petitioners;

(B) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay further proceedings with respect to FIR being CR No.I-88 of 2012 dated 27.4.2012 registered with Chok Bazar Police Station, Surat city as well as charge-sheet dated 12.11.2014 bearing No.124/2014; and Criminal Case No.62511/2014 pending before the Hon’ble Court of Hon’ble 3rd Addi Civil Judge & J.M.F.C. qua the petitioners;

(C) An ex-parte ad-interim relief in terms of prayer (B) above may kindly be granted;

(D) Such other and further relief/s as may be deemed just and necessary in the facts and circumstances of the present case may kindly be granted.”

2. The case of the prosecution may be summarised as under :

2.1 The respondent no.1 – original first informant is a resident of a society in the name of Dharmajivan Complex, situated at Bhagoli Cross Roads, Surat. On 27th April 2012, he lodged the FIR with the Chowk Bazar Police Station, Surat city, stating that on the date of the incident while he was standing near the main gate of the complex, about six to seven unidentified persons came over there and started demolishing, or rather, removing the iron grill which was fixed between the two societies i.e. Dharmajivan Complex and Gopinathji Society. The applicants herein are residents of the Gopinathji Society. The applicant no.1, aged 73, is the President of the said Society. It has been stated in the FIR that when the seven unidentified persons were trying to remove the grill, they were stopped, and in the process one of the persons hit a blow with an iron pipe on the left hand of the first informant, resulting in an injury. It is alleged that the seven persons who created trouble were sent by the residents of the Gopinathji Society, which included the two applicants herein.

2.2 It appears that one Kailashben, wife of Vipulbhai Gabani, also a resident of Dharmajivan Complex, who was present at the time of the incident, sustained injuries and had to be treated in the hospital.

2.3 The police, on completion of the investigation, filed charge-sheet for the offence punishable under Sections 141, 143, 144, 147, 325, 337, 188, 427 read with Section 114 of the Indian Penal Code. The filing of the charge-sheet culminated in Criminal Case No.62511 of 2014, pending as on today in the Court of the learned 3rd Additional Civil Judge and JMFC, Surat.

2.4 The applicants have come up with this writ-application, praying for quashing of the criminal proceedings.

3. Mr.Prabhav Mehta, the learned counsel appearing for the applicants, vehemently submitted that even if the entire case of the prosecution is believed to be true, no case worth the name is made out against the applicants herein. He submitted that indisputably at the time when the incident is alleged to have occurred the applicants were not present. He submitted that the applicants have been arraigned as accused persons only on the ground, or rather, the allegation that some time in the past they had threatened the first informant and the other prosecution witnesses of dire consequences on account of the ongoing dispute as regards the common plot of the society.

4. Mr.Mehta also pointed out that there is a Regular Civil Suit No.175 of 2012 filed by his clients, pending as on today, in the Court of the learned Civil Judge, Surat. He submitted that the report of the Commissioner makes the picture more than clear. Mr.Mehta submitted that indisputabl