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2016 DIGILAW 1865 (GUJ)

Arvindbhai Chaturbhai Rohit v. State of Gujarat

2016-09-01

SONIA GOKANI

body2016
ORDER : SONIA GOKANI, J. The applicants are before this Court seeking to quash and set aside the FIR, being I-CR No. 38 of 2016 registered with Anklav Police Station, District Anand for the offence punishable under Sections 146, 147, 148, 149, 323, 325, 395, 506(2), 120B of the Indian Penal Code and Section 135 of Gujarat Police Act. 2. It is case of prosecution that on 11th May 2016, at about 22:00 hours in the night, when the complainant, his cousin-Vinubhai Manibhai Rohit and Ghanshyambhai Ishwarbhai Patel were sitting near a high school at Joshikuva at about 22:45 hours, all the 10 accused persons named in the complaint pursuant to the conspiracy hatched, arrived by forming an unlawful assembly, to fulfill their common object. The accused Chaturbhai @ Mafabhai Devjibhai was armed with an iron pipe; Naginbhai Devjibhai with ‘khodivali’ stick; Arvindbhai Chaturbhai with iron pipe, Kantibhai Devjibhai with rake infected injuries to Ghanshyambhai, who have sustained grave injuries and sustained fractures on his right hand and right leg. They also looted his mobile phone and Rs. 1100/- from his pocket. 3. Mr. Suresh Bhatt, learned advocate appearing for the applicants has fervently urged that the role attributed in the complaint is only to the applicants No. 1 to 4, if at all, the complainant is to be believed. However, there is no role attributed to any other accused. He has further submitted that the Investigating Officer in his affidavit does not speak of any role of other applicants. He has further urged that this is nothing, but an attempt on the part of the complainant to rope in all others in the incident in question. He has, therefore, urged to quash the complaint. 4. Learned APP Mr. Ronak Raval has objected to the same on the ground that the investigation is going on. 5. This Court notices on hearing learned advocates appearing for the parties that all the applicants have already been granted anticipatory bail by the concerned court. The First Information Report reveals explicit role of the applicant No. 1 to 4, who were allegedly armed with weapons and have inflicted serious injuries to the victim-Ghanshyambhai. Presence of other accused has been shown in the complaint. They are alleged to have committed conspiracy pursuant to which the act has been committed. The First Information Report reveals explicit role of the applicant No. 1 to 4, who were allegedly armed with weapons and have inflicted serious injuries to the victim-Ghanshyambhai. Presence of other accused has been shown in the complaint. They are alleged to have committed conspiracy pursuant to which the act has been committed. It is to be noticed that the investigation is at a crucial stage, and therefore, it would be prematured for this Court to jump to any conclusion. The averments made in this application can be regarded, after once the final report is submitted by the Investigating Officer. 6. While posing of this petition, without entering into merit, Investigating Officer is directed to examine from all angles even as made out by applicants in the present application. Bearing in mind the tenor of the complaint and all other surrounding circumstances; including the averments set out in the present application, investigation shall carry out thoroughly. 7. Accordingly, this Application stands disposed of with a liberty to the applicants to take legal recourse, once the final report is submitted by Police, which shall include remedy under Section 482 of the Code of Criminal Procedure. This withdrawal shall not come in the way of applicants in addressing the concerned Court on merits; after the final report is submitted.