SANDEEP N. BHATT
Jivanbhai Nagjibhai Makwana – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, for quashment of the impugned FIR being C.R. – II No.40 of 2018 registered with the Chotila Police Station, District : Surendranagar for the offences punishable under Sections 323 and 506(2) of the Indian Penal Code and Sections 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2. The brief facts of the prosecution case are that the petitioner and the complainant, both are the members of one political party. Since the petitioner was claiming the post of President of Chotila Nagarpalika and the complainant was going to cast his vote in favour of the Congress Party, there were exchange of words as alleged and the petitioner has humiliated the complainant in front of other elected members, including the women members of the Nagarpalika. Therefore, the impugned complaint.
3. Heard learned advocates.
4.1 Learned advocate Mr. Kunal S. Shah for the applicant has submitted that this is a gross of abuse of process of law. He has submitted that the petitioner and the complainant were friends and have contested & elected
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