R/SCR.A/8894/2017 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 8894 of 2017

With

R/SPECIAL CRIMINAL APPLICATION NO. 8908 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.S. SUPEHIA

Sd/-

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

Yes

2 To be referred to the Reporter or not ?

Yes

3 Whether their Lordships wish to see the fair copy of the

judgment ?

No

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

No

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KRISHNAPAL YASHPAL SINGH

Versus

STATE OF GUJARAT

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Appearance:

MR.S.V.RAJU, SENIOR COUNSEL WITH MR. BHADRISH S RAJU(6676) for

the PETITIONER(s) No. 1 IN SPECIAL CRIMINAL APPLICATION NO.8894

OF 2017.

MR.DIPAK R.DAVE for the PETITIONER(S) 1 to 4 IN SPECIAL CRIMINAL

APPLICATION NO.8908 OF 2017

MOIZ K RAFIQUE(8043) for the RESPONDENT(s) No. 2

MS.MOXA THAKKER, APP (2) for the RESPONDENT(s) No. 1

RUTVIK H MODI(8236) for the RESPONDENT(s) No. 2

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CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA

Date : 10/01/2019

COMMON ORAL JUDGMENT

Page 1 of 17

R/SCR.A/8894/2017 JUDGMENT

1.0

The present petitions have been filed by the

petitioners-original accused under Section 482 of the

Code of Criminal Procedure, 1974 (“the Code” for

short) seeking quashing and setting aside the F.I.R.

being C.R.No.I-228 of 2017 registered with Bapod

Police Station, Vadodara for the offences punishable

under sections 321, 336, 374 and 114 of the Indian

Penal Code, 1860 (“the IPC” for short) and Section

3(1)(h) and Section 3(2)(va) of the Scheduled Caste

and

the

Scheduled

Tribes

(Prevention

of

Atrocities)Act, 1989 (“the Atrocities Act” for

short).

Rule.

Ms.Moxa Thakker, learned APP waives

service of Rule for the respondent no.-State. Mr.Moiz

Rafique, learned advocate waives service of Rule for

the respondent no.2-original complainant.

2.0

The petitioner of Special Criminal Application

No.8894 of 2017 is the accused no.1, who is Assistant

Manager in Larsen & Toubro Limited ( “L & T” for

short), whereas petitioners of Special Criminal

Application No.8908 of 2017 are the accused nos.2 to

5, who are the employees of M/s. Aravon Services

Private Limited (“Aravon” for short).

3.0

The brief facts as alleged in the impugned FIR

are as under:-

3.1

It is alleged that on 07.07.2017, at around 4.30

– 5.00 p.m., the complainant's supervisor one Pravin

Pandya came to the complainant and his co-worker one

Chirag Nagainbhai Solanki and told them that to bring

a submersible motor from East Building Fire Office to

Page 2 of 17

R/SCR.A/8894/2017 JUDGMENT

the terrace of the same building. The motor was very

heavy, but still the complainant and his co-worker

started to lift the motor and on their way they met

their Union Leader one Jayantibhai, who inquired

about taking such a heavy motor to which they replied

that Pravin Pandya had informed that it was the order

of Alam Sir to take the motor upstairs.

3.2 Thereafter, the complainant and his co-worker by

any means lifted the motor and at that time, the

complainant's co-worker Chirag started feeling chest

pain and, therefore, he immediately went to L & T's

dispensary and the doctor on duty Dr.Verma gave him

medicines. The complainant and his co-worker again

lifted the motor an