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2025 Supreme(GUJ) 119

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
RAKESH @ RAMNIKBHAI HARJIBHAI PATEL – Appellant
Versus
THE STATE OF GUJARAT – Respondent


Petitioner Advocates:MR PRATIK B BAROT(3711) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

J. C. DOSHI, J.

Learned advocate for the petitioner does not press for this petition insofar as the offence punishable under the IPC. Permission as prayed for is granted. Thus, this petition is confined to the offence punishable under the Atrocities Act.

2. By way of this petition, under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashment of the FIR being C.R. No. 11211058200447 of 2020 with Bajana Police Station, District Surendranagar, for the offences punishable under Sections 3(1)(s), 3 (1) (r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,) 1989.

3. The short facts of the case as emerging from the FIR are that since in past offence was registered against the family members of the org. accused no.2, keeping grudge over the same, the incident erupted between the parties wherein org. accused no.2 was accompanied by the present petitioners and other co-accused resulting into a lodgment of the FIR.

4. Heard learned advocate for the petitioners and learned APP for the respondent – State. Though served, respondent no.2 has not appeared.

5. Learned Advocate for the petitioners taking to the FIR would sub

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