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2024 Supreme(Online)(GUJ) 23378

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MOHANBHAI NARANBHAI DAYATAR (MOHITBHAI NARANBHAI DAYATAR) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1, MR MANOJ SHRIMALI(2331) for the Respondent(s) No. 2, MR HK PATEL, APP for the Respondent(s) No. 1

ORAL ORDER

1. Heard Mr. Manish J. Patel, learned counsel for the applicant, Mr. H.K.Patel, learned APP for the respondent State and Mr. Manoj Shrimali, learned counsel for respondent No.2.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the FIR being C.R.No.11203030220260 of 2022 registered with Keshod Police Station, Junagadh, for the offence under Sections 3(1)(r) and 3(1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and other proceedings arising therefrom.

3. At the instance of respondent No.2, FIR came to be filed against the applicant alleging that, earlier in the year 2020 – 2022, due to illegal excavation of sand from village pond, dispute arose between the applicant and complainant and his community persons, and complaint was filed against the applicant. It is further alleged that, by keeping that grudge, the applicant told the complainant and other members of scheduled caste to remove their shops and thereby, the applicant issued notice for removal of encroachments mentioning word “Harijan Vas”. In th

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