JUDGMENT :

M.K. THAKKER, J.

1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 praying to quash FIR being I - C.R. No. 110 of 2014 registered with Junagadh Taluka Police Station on 16th August, 2014 for the offence punishable under Sections 307 , 323, 504, 114 of the INDIAN PENAL CODE and Section 135 of the GUJARAT POLICE ACT .

2. It is the case of the prosecution that the complainant, namely, Ilyashbhai Babubhai Hothi, had lodged an FIR being admitted at Junagadh Government Hospital in Trauma Ward against 4 accused wherein the name of the present applicants are mentioned as accused Nos. 3 and accused No. 4. It is averred in the FIR that when the complainant was standing near the Saragwada Railway Crossing along with his father on the day of the incident at around 11.45 a.m. at that point of time, accused No. 1 and accused No. 2 were passed and looked towards the complainant and again around 2.00 to 2.30 when the complainant was sitting near the Vadli Chowk at Saragwada village, the accused No. 3 i.e. present applicant No. 2 was having an axe. accused Nos. 1 and 2 both having an iron rod and accused No. 4 i.e. present applicant No. 1 started assaulting to the complainant. The first assault was made by present applicant No. 2 with axe and thereafter, all the accused persons started assaulting to the complainant. The complainant had received injury on his head and fallen down. Thereafter, all the four accused had ran away from the place and on reaching the father, namely, Babubhai, as well as Umarbhai, at the place of offence, the complainant was taken to the Government Hospital, Junagadh and he was admitted in the Trauma Ward. With the aforesaid allegations, the impugned FIR came to be lodged, which is subject matter of challenge before this Court.

3. Heard Mr. Hardik H. Dave, learned advocate for the applicant Nos. 1 and 2, Ms. Vrunda Shah, learned APP for the State and though ‘Rule’ was served, respondent No. 2-original complainant though chosen not to appear before this Court.

4. Mr. Hardik Dave, learned advocate for the applicant submits that the aforesaid FIR was lodged with mala-fide intention to get the bail cancelled, which was granted by this Court for the offence punishable under Sections 143 , 147, 148, 149, 302, 307, 322, 323, 337 of the INDIAN PENAL CODE and Section 25(1) BA of the ARMS ACT and Section 135 of the GUJARAT POLICE ACT , which was registered with Junagadh Taluka Police Station vide C.R. No. I-140 of 2013 wherein, this Hon’ble Court released the applicants on regular bail with a condition that not to enter in the Junagadh District except attending the trial for the period of 3 months and 6 months respectively by an order dated 11.4.2014 and 9.7.2014.

5. Mr. Dave, learned advocate further submits that time of offence, which is mentioned in the impugned FIR is around 2.30, however, the applicants were, at that point of time at Amreli Sub Jail, visiting his elder brother for which the certificate in that regard was produced as a part of record which suggests that though applicants were not present at the relevant point of time, they were falsely implicated in the FIR due to the previous animosity.

6. Mr. Dave, learned advocate further submits that applicants have also filed representation before the Higher Official on 23rd August, 2014, however, the Authority had not taken into consideration nor the investigated on the line of defence of alibi of the present applicants.

7. Mr. Dave, learned advocate submits that as the FIR filed with the oblique motive, the same is required to be quashed by exercising inherent power under Article 4