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2019 Supreme(Guj) 263

A.P.THAKER
Anand Athabhai Chaudhari – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr P P Majmudar
For the Respondent: Mr Gajendra P Baghel, Ms Moxa Thakkar Addl. Public prosecutor

ORDER :

1. By way of present petition filed under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code, the petitioners seek to quash and set aside the FIR being M. Case No.2 of 2013 registered with Limdi Division Police Station, District: Dahod for the offences punishable under Sections 452, 323, 325, 504, 506(2), 114 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereafter be referred to as “the Atrocity Act”) as well as the order of issuance of summons dated 15.02.2017 passed by the learned Judicial Magistrate, First Class, Jhalod in Criminal Case No.169 of 2017.

2. Brief facts of the present case are that on 06.09.2013, one FIR being C.R.No.I-104 of 2013 for the offences punishable under Sections 323, 353, 362, 186 and 114 of the Indian Penal Code came to be registered against the husband of respondent No.2 and others at the instance of petitioner No.1, who was working as Police Sub Inspector of Limdi Police Station, alleging, inter alia, that the original accused persons named therein obstructed the public servants in performance of their duties and also











































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