PRAGNESH NIRANJANBHAI DAVE & ANR. vs STATE OF GUJARAT & ORS.

Rule returnable forthwith. Ms. Thakore, the learned APP, waives service of notice of rule for and on behalf of the respondents Nos.1 and 3 and Mr. R.D. Chauhan, the learned counsel, waives service of notice of rule for and on behalf of the respondent No.2, original first informant.

By this application under section 482 of the Cr.P.C., 1973, the applicants-original accused Nos.1 and 2, seek to invoke the inherent powers of this Court praying for quashing of the first information report being II-C.R. No.3109 of 2015 registered with the Anjar Police Station, District: Kutch East for the offence punishable under sections 3(1)(ix) and 3(1)(x) of the Atrocities Act and section 504 read with section 114 of the Indian Penal Code.

The case of the prosecution may be summarized as under;

3.1 For the incident which is alleged to have occurred in the year 2012, the first information report was lodged in the year 2015. The respondent No.2 herein was serving as a lecturer in a college run and managed by the Anjar Education Society. It appears that few problems relating to the service of the first informant cropped up in the course of his employment. The respondent No.2 was declared as a surplus lecturer. Few disputes relating to his salary were also raised. He lost before the Service Tribunal in this regard.

3.2 The applicant No.1 herein has been arraigned as an accused, in his capacity as the then Vice Chancellor of the

Kutch University and the applicant No.2 has been arraigned, in his capacity as the then In-charge Registrar of the Kutch University. As usual, this is one more case of gross abuse of the provisions of the Atrocities Act by a member of a scheduled caste.

The investigating officer is present in the court with the papers of the investigation and is bold enough to make a statement that upon thorough investigation, the first information report has been found to be palpably false. He could have filed a "B" Summary Report before the appropriate court, but he has not done so on account of the pendency of this application before this Court. The allegations are uttering of bad words relating to the caste. However, such allegations are attributed to the other co-accused and not the present two applicants. So far as the two applicants herein are concerned, the case against them is that of an offence under section 3(1) (ix) of the Atrocities Act.

I inquired with the learned counsel appearing for the respondent No.2 that as to on which date, at what point of time and at which place, the alleged incident took place. The learned counsel is not able to give any reply to my questions. There is nothing on record as to on which date, the incident occurred and at which place.

Here is a complainant, who having lost before the Service Tribunal and, on account of the service disputes, has gone to the extent of lodging a false and frivolous first information report against the trustees of the educational trust and the former Vice Chancellor of the Kutch University and the In-charge Registrar of the Kutch University.

In view of the above, this application is allowed. The first information report II-C.R. No.3109 of 2015 registered with the Anjar Police Station, Kutch East is hereby ordered to be quashed. Rule is made absolute to the aforesaid extent.

Ms. Thakore, the learned APP appearing for the State, places on record the report prepared by the Investigating Officer as regards the investigation. Since this application is now being disposed of, if the Investigating Officer wants to proceed further with the filing of a "B" Summary Report before the court concerned so far as the other co-accused are concerned, he shall do it at the earliest.

Direct service is permitted.