IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 381 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE PRANAV TRIVEDI ==========================================================

Approved for Reporting Yes No ✔

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ARVINDBHAI KALYANBHAI VANALIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. TEJAS M. BAROT, SR. ADV. ASSISTED BY RHEA CHOKSHI, FOR MR. ASHOK A PUROHIT(6267) for the Applicant(s) No. 1 MR. HARDIK DAVE, PUBLIC PROSECUTOR Assisted by KANVA ANTANI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 20/02/2026

JUDGMENT

1. The present revision application is preferred by the revisionist-applicant under Section 397 read with Section 401 of the Code of Criminal Procedure (for short “Cr.PC) being dissatisfied by the impugned judgment and order dated 21.5.2016 passed by the learned 3^rd Additional Sessions Judge (hereinafter referred to as ‘the appellate Court’) in Criminal Appeal No. 63 of 2015 which, inter alia, dismissed the appeal and confirmed the judgment and order passed by the learned Adhoc Judicial Magistrate, Gadhada (hereinafter referred to as ‘the trial Court’) dated 7.9.2015 in Criminal Case No. 5 of 2010 wherein the learned trial Court was pleased to convict the revisionist-applicant for the offence under Section 323 of the Indian Penal Code (for short “IPC”) for a period of one month imprisonment and was further pleased to convict the present revisionist-applicant under Section 186 of the IPC for simple imprisonment for a period of 15 days.

2. The brief facts leading to filing of the present revision application is that it was the case of the prosecution that the complainant who was serving as a Deputy Engineer in Paschim Gujarat Vij Company Ltd. (for short ‘PGVCL) was present along with other staff people i.e. N.K. Bhigradiya, Mr. J.J. Parmar and another officer Engineer R.M. Bavariya near the office of PGVCL. On the same day i.e. 9.10.2009 at around 11.00 a.m. in the morning when the complainant was standing near the office of PGVCL, the revisionist-applicant and other persons came and asked the complainant with regard to their electricity connection. It was alleged that the complainant replied that the bill of the revisionist- applicant and other people would be ready by one day and thereafter they will have to pay the bill. Getting angry by the response of the complainant, the revisionist-applicant along with other persons, abused the complainant and it was further alleged that the revisionist-applicant attacked the complainant. Due to sudden attack of the revisionist- applicant, other people standing near the revisionist- applicant, Mr. N.K. Bhingaradiya and Mr. J.J. Parmar intervened. On such intervention, the group also assaulted Mr. Bhingaradiya and Mr. Parmar. It was, therefore, alleged that the group had attacked the complainant and other Officers and had restrained them from doing their official duty. In wake of such information a First Information Report came to be registered before Gadhada Police Station alleging that the revisionist-applicant had committed offence under Section 323, 504, 506(2), 114 and 186 of the Indian Penal Code.

3. On registration of the First Information Report and completion of the investigation, charge-sheet came to be filed. Charges came to be framed. Criminal Case came to be numbered as Criminal Case No. 5 of 2010. The trial Court considering the documentary and oral evidence, was pleased to convict the revisionist-applicant for the offence under Section 323 of the IPC for one month simple imprisonment and was further pleased to convict the present revisionist applicant under Section 186 of the IPC for simple imprisonment for a period of 15 days. Revisionist applicant was acquitted for charges under Section 504 and 506 of the I