ORDER :

1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Special Atrocity Case No.2 of 2018 pending before the Court of the learned 4th Ad-hoc Additional District Judge, Ahwa arising from the F.I.R. being C.R. No.II-22 of 2018 filed before the Saputara Police Station, District-Dang, for the offence punishable under Sections-186, 504, 506(2) of the I.P.C.

2. It appears that the allegations with regard to atrocity came to be added against the applicant herein on 23.10.2018 invoking Section-3(10) of the Atrocity Act.

3. Being aggrieved by the aforesaid, the applicant herein has approached this Court seeking quashment of the aforesaid FIR. The aforesaid F.I.R. being C.R. No.II-22 of 2018 filed before the Saputara Police Station, District-Dang, culminated into criminal case and consequently, Criminal Case being Special Atrocity Case No.2 of 2018 registered, wherein charges have been framed and the same is at the stage of evidence of prosecution.

4. Brief facts as stated by the applicant herein framing adjudication of the present case reads thus:-

4.1 The applicant herein was going to attend one function on 22.09.2019 and that function was organized by one Manav Kalyan Trust. During the time of travelling with his driver Kantilal Jivanji Vijekar and other person Devendra Ishwerlal Desai, respondent No.2 – complainant and other police personnel have restrained to proceed ahead. On the say of incident, the Hon’ble Governor of Gujarat State was also attended the said function and there was heavy traffic. As per the say of respondent no.2- complainant and other police personnel have restrained the present applicant and at that time, said police personnel have abused and used filthy language. It is further submitted that at that time, false and vague allegations came to be levelled by respondent no.2. It is further alleged in the complaint that present applicant obstructs during the time of service of respondent no.2 and abuses also by present applicant and therefore respondent no.2 has lodged the complaint on 22.09.2018 before the Saputara Police Station being C.R. No.II-22 of 2018 for the offence punishable under Sections-186, 504 and 506(2) of the Indian Penal Code.

5. Mr. Apurva Kapadia, learned advocate appearing for the applicant herein vehemently submitted that the impugned FIR would not be maintainable against the applicant herein in view of the bar under Section-195 of the Cr.P.C. Mr. Kapadia, learned advocate further submitted that the offence as arising out of the same complaint and therefore, the offences under the provisions of Indian Penal Code and the Atrocity Act cannot be separated because the said offence is one offence arising out of same incident and in view of above, there is bar under Section-195 of the Cr.P.C. while complaint could not be maintainable qua Section-186, which has been invoked against the applicant herein . The same would also not maintainable qua the Sections-504 and 506(2) of I.P.C. and Section-3(1)(r)(s) of the Atrocities Act.

6. Placing reliance on the same, Mr. Kapadia, learned advocate submitted that this Court in exercise of extraordinary jurisdiction can quash the impugned FIR being C.R. No.II-22 of 2018 filed before the Saputara Police Station, as holding that the complaint is not maintainable qua the applicant herein in view of the bar under Section-195 of the Cr.P.C. Mr. Kapadia, learned advocate also submitted that the impugned complaint does not invoke the provisions of Section- 504 and 506(2) of the IPC. The complaint of the complainant would also not be maintainable under the provisions of Atrocities Act on merits as such word never uttered by the applicant herein in public domain and the applicant was not aware that the respondent no.2 was belonging to scheduled caste or scheduled tribes.

7. Per contra, Ms. Vrunda Shah, learned APP plac