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2024 Supreme(Online)(GUJ) 23195

HIGH COURT OF GUJARAT
MR. JUSTICE DIVYESH A. JOSHI, J
KANABHAI BHIKHABHAI MOKARIYA(KOLI) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR CHINTAN S POPAT(5004), MR AJAY L PANDAV(3660), MR SOAHAM JOSHI, APP

ORAL ORDER

1. By way of preferring present application, the applicant has invoked extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying for quashing of the FIR being C.R.No. II-83 of 2019, registered with Talala Police Station, Gir-Somnath for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and under Sections 3(2)(v)(a) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Atrocities Act).

2. Heard learned advocate Mr. Chintan Popat for the applicant, learned APP Mr. Soaham Joshi for respondent No.1 - State and learned advocate Mr. Ajay L. Pandav for respondent No.2 - original complainant.

3. At the outset, learned advocate Mr. Popat does not press this application for the offence punishable under the provisions of the Indian Penal Code and therefore this application is confined only for the offence of Atrocities Act.

4. Learned advocate Mr. Chintan Popat submits that as per the case of the prosecution, at about 6:00 a.m. on 01.09.2019, when the complainant was standing at Umrethi Gam Patiya, at that time, accused persons came there and accused No.1 told the

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