ORDER :

1. Heard Mr. Piyush Trivedi, learned advocate for Mr. Pratik B. Barot, learned advocate appearing for the applicant.

2. By way of present application, the applicant herein is aggrieved by the impugned complaint/FIR being II-C.R. No.7 of 2017 registered with Damnagar Police Station, District : Amreli for the offence punishable under Sections 323, 504 of Indian Penal Code and under Section 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other consequential proceedings.

3. The brief facts as stated in the FIR read thus :-

3.1 An impugned FIR is lodged by respondent No.2 - original complainant stating that on the said date of incident i.e. 03.05.2017 at about 9:00 am in the morning, when respondent No.2 was present at his house, the applicant herein had visited his house so also followed by speaking of abusive language towards him and saying that though he was called yesterday, since he did not come to him, respondent No.2 then resisted to such speaking to abusive language by the applicant, in the event the applicant herein started inflicting kick and fist blows upon the stomach portion of the respondent No.2, on account of which, nephews of respondent No.2 namely Rajeshbhai and Ghanshyambhai intervened so also they rescued respondent No.2 from further beating at the hands of the applicant herein. It is a case that initially, respondent No.2 was taken to Damnagar Government Hospital for primary treatment, thereafter, it was shifted to Amreli Government Hospital for further treatment, the place at which the impugned FIR on hand came to be lodged by respondent No.2 against the applicant.

4. Being aggrieved by the impugned FIR being IIC.R. No.7 of 2017 registered with Damnagar Police Station, District : Amreli, the applicant herein is constrained to approach this Court seeking following reliefs :-

"(A) Your Lordships may be pleased to admit and allow this application;

(B) Your Lordships may be pleased to quash and set aside the FIR being II-C.R. No.7 of 2017 registered with Damnagar Police Station, District : Amreli for the offences punishable under Sections 323, 504 of Indian Penal Code and u/s. 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other consequential proceedings;

(C) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the proceedings of FIR being II-C.R. No.7 of 2017 registered with Damnagar Police Station, District : Amreli for the offences punishable under Sections 323, 504 of Indian Penal Code and u/s. 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other consequential proceedings;

(D) Your Lordships may be pleased to grant such other and further relief/s that may be deemed fit and proper in the facts and circumstances of the case."

5. Mr. Piyush Trivedi, learned advocate for Mr. Pratik Barot, learned advocate appearing for the applicant submitted that the narration in the FIR with regard to the allegations against the applicant under Section 323 and 504 of Indian Penal Code would not be applicable, since there is no medical certificate on record as alleged under Section 323, though there is a reference to abusive language spoken by him to the complainant, however, Section 504 would not be attracted qua the applicant herein considering the allegation levelled against the applicant in the impugned FIR.

5.1 It is further submitted that so far as the Section 3(1)(r) and 3(2)(va) of Atrocities Act are concerned, the FIR and the allegations therein absolutely silent on the said point. Yet, because of amendment under the Atrocities Act especially under Section 3(2)(va) of the Act, since earlier language used under this Section is substituted now with the new set of terminology, there is perhaps invocation of Section 3(2)(va) in the said offence.

5.2 It is submitted that the respondent No.2 i.e. original co