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2019 Supreme(Guj) 973

A.S.SUPEHIA
Anwar Ahmad Pathan – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.V. Gandhi
For the Respondent: HCLS Committee, Public Prosecutor and Samir B. Gohil

JUDGMENT :

A.S. SUPEHIA, J.

1. At the outset, learned advocate Mr. Gandhi appearing for the petitioner has stated that he does not press the petition for quashing of offence under Section 504 of the Indian Penal Code, 1860 ("the IPC").

2. The present petition is filed seeking quashing of the F.I.R. being C.R. No. 11-134 of 2015 registered with Bardoli Police Station, District: Surat for the offences punishable under Section 504 of the IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("the Atrocities Act").

3. The brief facts of the case are that the first informant - Sheelaben Rameshbhai Rathod - respondent No. 2 lodged F.I.R. on 08.10.2015 bearing C.R. No. 11-134 of 2015 for the alleged incident taken place on 07.10.2015 at around 8.30 p.m. with Bardoli Police Station, District: Surat. It is alleged in the impugned F.I.R. that before 15 years, House No. 5234 was allotted in favour of her deceased husband in the "Indira Aawas Project". It is submitted that the house opposite to her residence in New Indira Aawas was originally allotted to Ramiben Madhubhai Rathod and Ratanjibhai Jinabhai Rathod. It is submitted that since last

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