ORAL ORDER

1. By way of present petition, petitioners have prayed for following reliefs:

(A) HON’BLE COURT may be pleased to quash the FIR being Il-C.R No. 113/2017 registered with Nandasan Police Station against the petitioners, in the interest of justice;

(B) Pending the admission, hearing and final disposal of the petition, HON’BLE COURT may be pleased to stay further proceedings of FIR being IIC.R No. 113/2017 registered with Nandasan Police Station and be further pleased restrain 1.0, Nandasan Police Station from acting in furtherance of impugned FIR being IIC.R No. 113/2017 registered with Nandasan Police Station or in any manner taking any coercive action against the Petitioners;

(C) HON'BLE COURT be pleased to grant such other and further relief as may be deemed fit, just and proper as the circumstances of case may require.

2. Short facts of the present case may be summarized as under:

2.1 That petitioner no.2 and 3 are brothers, whereas, petitioner no.1 is their nephew. Father of petitioner nos.2 and 3 viz. Misabmiya Diwanmiya Saiyed has been politically active since a long time. He was member of Gram Panchayat, Kadi from 1975 to 1990. Thereafter, he was Sarpanch of Nandasan Gram Panchayat from 1990 to 1995. Thereafter, said Misabmiya was member of Kadi Taluka Panchayat for the period 2000 to 2005 and presently, he is Vice President of Taluka Panchayat, Kadi.

2.2 That in the year 2006, petitioner no.3 had contested elections for members and Sarpanch of Nandasan Gram Panchayat. Petitioner no.3's opponent was Pravinbhai Khushalbhai Makwana, father of respondent No.2-informant, who lost to petitioner no.3. As the term ended, elections were again held in the year 2006 for next year term, whereby petitioner no.3 came to be elected as the Sarpanch and the father of respondent no.2 came to be elected as member of the Gram Panchayat. However, after being elected, said Pravinbhai Makwana failed to remain present in 4 consecutive meetings of Gram Panchayat and was accordingly suspended, which order was unsuccessfully challenged by respondent no.2's father before all concerned authorities viz. District Development Officer and Development Commissioner. Again, in 2011 in the election, petitioner no.3 came to be elected as Sarpanch, Nandasan Gram Panchayat, whereas in this election Pravinbhai Makwana lost for the post of member of Panchayat.

2.3 In the last election, respondent no.2's father viz. Pravinbhai Khushalbhai Makwana came to be elected in reservation category and is presently working as Sarpanch. Whereas the petitioner no.3 is the President of Nandasan Seva Sahkari Madali.

2.4 It is contended by the petitioners that the petitioners and respondent No.2 are political rivals. However, such rivalry has not been taken in right spirit by the respondent No.2 and his father Pravinbhai Makwana. That during the aforesaid period more particularly after being suspended as member of the Gram Panchayat, Pravinbhai Makwana, respondent no.2's father got filed baseless, concocted and false FIR being C.R. No. 49/2008 registered with Kadi Police Station for the offences punishable u/s. 143, 332, 323, 504, 506(2), 186, 114 of the IPC and 3(1)(10) of Atrocities Act, through his acquaintance viz. Maheshbhai Savabhai Rathod, City Survey Superintendent Kadi-2 against petitioner no.3. The said FIR culminated in Sessions Case being Special Atrocities Case No.35 of 2008 which came to be tried by Special Judge, Mehsana who was pleased to acquit petitioner No.3 of all the charges, considering the fact that parties are politically predisposed and the complainant and witnesses have political and otherwise enmity against petitioner No.3. It is also required to be noted that the father of respondent No.2 viz. Pravinbhai Makwana was cited as witness in the said case against petitioner No.3.

2.6 Being undeterred by the aforesaid offence and acquitted in favour of the petitioner No.3, respondent No.2 filed being II- C.R. No.26/2009 again abusing the provision of A