The court quashed the FIR as it did not allege wrongful occupation of land owned by a member of the Scheduled Caste or Scheduled Tribe, constituting an abuse of process of law.

ORDER :

(J. C. DOSHI, J.)

1. Heard learned advocate Mr. Mahesh Poojara for the petitioner and learned APP for the respondents State.

2. Though respondent No.2 - original complainant is served, none appears on his behalf.

3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No.11213043210081 registered with Patanvav Police Station, for the offences punishable under Section 3(1)(f) of the Scheduled Caste, Scheduled Tribne (Prevention of Atrocities) Act (in short “the Act”) as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

4. Brief facts of the case are as under:-

4.1 It is alleged in the FIR filed by the respondent no.2 that he resides with his family and also he is leading member of his community. It is stated that in pursuance to an application submitted on 25-3-2021 to the Patanvav Police Station, along with complaint his was he came man community given and inter alia contending that on 16-2-2018, Resolution a was passed by the Gram Panchayat Chhadavavdar in favour of Dalit Samaj for allotment of land for Community Hall, the land situated near water tank which is a old gramtal, 500 sq.mtrs. of land, for which a Resolution No.8 was passed and with the help of community people and village people, construction put up to plinth level was made. It is stated that a temple situated in the village, same was also used by the people of their community. It is stated that on 23-3-2021, at about 11.00 a.m. a stone was kept so as to see that people of their community may not use the land. It is stated that on 24-3-2021 it so happened that benches which were placed with the help of grant of MLA and used by people of the community, those benches were also taken away and thereby disturbance is made to the people of their community. It is stated that all these things were done by one Ajitbhai Mandanbhai and it is also stated that they were not aware about the cancellation of the Resolution of the Gram Panchayat dated 16-2-2018 and for which a representation is also made to the Deputy Collector. With these allegations the FIR came to be filed.

5. Learned advocate Mr. Poojara for the petitioner taking this Court through the contents of the FIR as well as documents annexed with the petitioner would submit that initially, Chhadavadar Gram Panchayat passed resolution to allot 500 sq mtr land to Dalit community – SC/ST community for construction of community hall. Such resolution was passed subject to the approval from the concerned Mamlatdar. He would further submit that in view of that, there was no specific averment made to the Dalit community – SC/ST community by the Chhadavadar Gram Panchayat, but the resolution for allotment of 500 sq mtr landf was subject to the approval from the Mamlatdar concerned. He would further submit that several people from village Chhadavadar raised objection against allotment of land to Dalit community – SC/ST community for construction of community hall and pursuant to which, vide Annexure F, the Chhadavadar Gram Panchayat has cancelled allotment on the ground that though it has passed the resolution, it has no authority to allot any such land to any person and therefore, recalled earlier resolution. He would further submit that in view of such, it appears that the FIR is totally abuse of process of law as it does not satisfy basic ingredients of section 3(1)(f) of the Act. He would further submit that the land, which was proposed to allot to the Dalit community – SC/ST community would never occupy or cultivated by the petitioner. He would further submit that upon apprehension of wrongly arraigned in the offence, the petitioner has filed written statement on 24.3.2021 to the PSI, Patanvav Police Station. He would further submit that looking to the facts and more particularly, contents of the FIR since they failed to satis