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2024 Supreme(Guj) 90

SANDEEP N. BHATT
Nitin Umarshibhai Bhanushali – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Darshan M. Varandani.
For the Respondent: Mr. Harshad K. Patel, Mr. Soaham Joshi.

ORDER :

1. The present, application under Section 482 of the Criminal Procedure Code, 1973 is filed by the applicant – original accused No.1 for quashing and setting aside the impugned F.I.R. being C.R. No.I-8 of 2019 registered with Nirona Police Station, Kachchh for the offences punishable under Sections 406, 420, 323, 294(B), 506(2) & 114 of the Indian Penal Code, 1860 (hereinafter referred to as the “I.P.C.”) and Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. Brief facts of the case as per the case of the applicant in this application are as such that complainant took a loan of Rs. 5,73,758/- on 07.11.2007 and out of the said amount, a tractor was purchased, the tractor is as on date also running in the name of the complainant. Complainant sold the tractor to the applicant for consideration of Rs. 60,000/- and executed an agreement. The complainant and Babu Mura Maheshwari went to the House of the applicant and demanded Rs. 25,000/- and asking him to pay the instalments, however, the complainant and other person were attacked and abused, for which they had taken treatment. Thereafter the complainant made appli

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