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Judgment
B.N. Karia, J
By way of present application, the applicants have prayed to quash and set aside the FIR being CR No. 11209054201579 of 2020 registered with Vadali Police Station, District: Sabarkantha for the offence punishable under Sections 143, 504, 506(2) of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)(Va) of the Atrocities Amendment act 2015 and further prayed to stay the further proceedings thereof till final disposal of this application.
Heard learned advocate for the applicants.
It was submitted by learned advocate for the applicants that as per the FIR, the incident took place at street, but in fact no such incident is occurred. Before the impugned complaint, one application was given to the police wherein it has been alleged that along with the deceased two other persons were also went for doing agriculture work in the field of applicant no.1 and 2 but as per the statement of other labourers, they never gone for work with deceased. Therefore, said story is also proved false and did not register any offence against the applicants. That, impugned FIR has been lodged after delay of 6 days without any explanation but FIR has been lodged with specific motive of getting financial benefit. That, as per the alleged FIR, nowhere it is mentioned that informant belongs to the Scheduled Caste and accused belongs to general caste.
Issue requires consideration.
Notice returnable on 9th June 2021. Learned APP waives service of notice for and on behalf of the respondent No.1-State.
No coercive actions shall be taken against the present applicants by the Investigating Officer till returnable date.
Investigating Officer may continue the Investigation and applicants shall cooperate the investigating officer in the investigation.
Registry is directed to send a copy of this order to the concerned Police Station through Fax or Email forthwith.