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2023 Supreme(Guj) 832

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANDEEP N. BHATT, J.
Jayendrasinh Gajendrasinh Jadeja @ Lalubha Gajubha Jadeja –Appellant
Versus
State Of Gujarat – Respondent
R/Criminal Misc.Application No. 9073 of 2019
Decided on : 01-07-2023

Advocates:
Advocate Appeared:
For the Appellant : MR JAYESH A DAVE
For the Respondent: BHARATKUMAR K VIZODA, MR. SOAHAM JOSHI

Headnote:

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(m), (2)(5) – Indian Penal Code, 1860 - Section 306, 114, 511 - Criminal Procedure Code, 1973 - Section 482 - Quash FIR - Abetment of suicide - Abettor present when offence is committed - Quash FIR vide C.R. registered before Police Station - Held, High Court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate application of mind by Court and higher forum can consider what was weighed with High Court while passing such an interim order - Whenever an interim order is passed by High Court of “no coercive steps to be adopted” within aforesaid parameters, High Court must clarify what does it mean by “no coercive steps to be adopted” as term “no coercive steps to be adopted” can be said to be too vague and/or broad which can be misunderstood and/or misapplied - Therefore, this is fit case where Court should exercise discretion under Section 482 of Criminal Procedure Code, 1973 - Impugned F.I.R. registered is quashed and set aside - Petition is allowed.

ORDER :

1. The present application is filed for seeking following main prayers:

    “(B) Quash the FIR vide C.R.No.I-28 of 2019 registered before Mundra Police Station, District- Kutch dated 2.5.2019;

(C) Pending the hearing and final disposal of this petition, be investigation pleased or to stay further the further proceedings in connection with the offence registered vide C.R.No.1-28 of 2019 registered before Mundra Police Station, District-Kutch dated 2.5.2019;

(D) Be please to direct the respondent no.1 not to take any coercive steps against the petitioners;

(E) Pass such orders as thought fit in the interest of justice;”

2.1 Brief facts as per the case of the applicants in this application are as such that the complainant is residing at Village Beraja and she is a surpanch of Beraja Juth Gram Panchayat since last two years and her husband is doing labor work. Since last one month there was a scarcity of drinking water and water for cattle. And the above named petitioners-accused persons were putting questions and were trying to obstruct the work. And the reason was that the seat of Sarpanch was of general category and she being member of schedule cast and elected on general seat and therefore it was not liked by petitioners-accused.

2.2 It is further the case of the applicants in this applicant that on 30.4.2019 at 8 o'clock she was at her residence at that time six to seven lady members of the Panchayat came to her house and told that village people are gathered in the chowk and called her, so she told that tell them to come at her place. But they told that people are gathered there and therefore you should come. So she went with them and at that time the above name petitioners-accused and more than hundred persons of different casts were gathered there, at that time the above named petitioners- accused told her that there is a water problem since last 25 days and you are doing nothing and thereby they are pressurizing her. So she called her husband at that time also and in presence of her husband also told that you cannot do anything and also told that Navalsinh of village Babia also not doing anything about water problem. At that time her husband also told that tomorrow we should go to the water department, at that time they told that there is no meaning to go to the water department. At that time the complainant told that if they will not do anything then we will do something ahead and thereafter complainant went to her house. And somebody has also recorded the video also and as the pressure created by the people she felt bed and she was feared and thought that if she will not alive then all problems will be cool and calm and the complainant consumed phenyl. And thereafter she was taken to hospital and was completely cured and therefore she filed the present complaint today.

2.3 It is further the case of the applicants in this applicant that since the FIR is lodged against them and they are apprehending their arrest, and therefore the petitioners are presenting this petition u/s 482 of the code. It is further the case of the applicants in this applicant that the FIR is registered only on 2.5.2019 and the investigation is in progress and no charge sheet is submitted.

2.4 Hence, the present petition.

3. Heard learned advocate Mr. Jayesh Dave for the applicants, Mr. Bharatkumar Vizoda for the respondent No.2 and Mr. Soaham Josh, learned APP appearing for the respondent No.1 – State.

4.1 Learned advocate Mr. Jayesh Dave for the applicants has submitted that it transpires from the F.I.R. that the incident is occurred pursuant to the some problem of water supply in the village whereby the complainant being a lady Sarpanch could not resolve the problem and therefore, the villagers have called to resolve the issue in appropriate manner. Due to that meeting and the normally some heated exchanges happened, she has felt that she is pressurized by the villagers and therefore, as per the tenor of the F.I.R., no offence is made out under Section

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