SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Guj) 839

SANDEEP N. BHATT
Jivanbhai Nagjibhai Makwana – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR KUNAL S SHAH, ADVOCATE
For the Respondent:MR SOAHAM JOSHI, MR DHAVAL A PARMAR, ADVOCATE

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

                          Click Here to Read the rest of this document
                          1
                          2
                          3
                          4
                          5
                          6
                          7
                          8
                          9
                          10
                          11
                          SupremeToday Portrait Ad
                          supreme today icon
                          logo-black

                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                          Please visit our Training & Support
                          Center or Contact Us for assistance

                          qr

                          Scan Me!

                          India’s Legal research and Law Firm App, Download now!

                          For Daily Legal Updates, Join us on :

                          whatsapp-icon telegram-icon
                          whatsapp-icon Back to top