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2025 Supreme(Guj) 1687

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.Doshi
Rasikbhai Jayantibhai Shah – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr Bharat T Rao
For the Respondent: Mr Y J Patel, Mr. Tirthraj Pandya, APP

ORDER :

J. C. Doshi, J.

1.At the outset, it is required to be noted that, present petitioners have not pressed for this application insofar as the offence punishable under the IPC. Thus, this application 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. 11190001210528 registered with Barwala Police Station against the petitioners for the offences punishable under Section 3(1)(r), 3(1)(s), 3(2)(v) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989

3. The short facts of the case as emerging from the FIR are that Petitioner No.1 is employed at a private factory in Narol, Ahmedabad, while Petitioner No.2 is working as a driver with Torrent Power Ltd. on a daily wage basis. Due to his father's serious illness, Petitioner No.2 had taken loans totaling Rs.8 lakhs from private individuals—Abhesang Haribhai Rathod, Mukeshbhai Haribhai Rathod, and Jitendrabhai Bhagwanbhai Rathod—at an interest rate of 2% per month. Despite having repaid an amount of Rs.19.20 lakhs as interest, these lenders continued

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