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Judgment
B.N. Karia, J
By way of present application, the applicant has prayed to quash and set aside the FIR being C.R.No.11218009210072 of 2021 registered with
Kamlabaug Police Station, Porbandar for the offence punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Sections 3(1)(r),
3(1)(s) and 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and has further prayed to stay further
proceedings thereto.
Heard learned advocate for the applicant.
It is submitted by learned advocate for the applicant that the dispute concerning the sale and return of sweet has resulted into the impugned FIR. That
the allegations and averments in the impugned FIR even if taken at its face value does not disclose ingredients of offence under Sections 323, 504 and
506(2) of the Indian Penal Code. That the ingredients of offence under the provisions of Atrocity Act are totally absent in the present FIR and it is
invoked only with a view to see that present applicant is put behind the bars.
Issue requires consideration.
Hence, Rule, returnable on 04.05.2021. Leaned APP waives service of notice o Rule for and on behalf of the respondentÂState.
No coercive steps shall be taken against present applicant till the next date of hearing.
Investigating Officer may continue the investigation and applicant shall cooperate the Investigating Officer in the investigation.
Registry is directed to send a copy of this oder to the concerned Police Station through fax or email forthwith.