R/CR.MA/12024/2025 ORDER DATED: 04/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.12024 of 2025 With CRIMINAL MISC. APPLICATION (FIXING DATE OF EARLY HEARING) NO.1 of 2025 In R/CRIMINAL MISC. APPLICATION NO.12024 of 2025 ========================================= HARESHKUMAR BALUBHAI VALA Versus STATE OF GUJARAT & ANR. ========================================= Appearance : MR HIRENKUMAR M NIYALCHANDANI for the Applicant. MR. GAURANG P GOKANI for the Applicant. MR RONAK RAVAL, APP for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 04/08/2025 ORAL ORDER 1. By way of this petition, the applicant has prayed to quash and set aside FIR bearing C.R. No.11186001250463 of 2025 registered with Gir Gadhda Police Station, Dist. Gir Somnath for the offences punishable under Sections 115 (2) of the Bharatiya Nyaya Sanhita read with Sections 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 as well as consequential proceedings arising out of the said FIR qua the applicant. 2. The impugned FIR was filed by one Jivabhai Hirabhai Dhamal wherein he has stated that the complainant is a driver by profession. On 06.06.2025, when he was at his residence, his son Dinesh had returned from Rajkot. At that time, he has some quarrel R/CR.MA/12024/2025 ORDER DATED: 04/08/2025 with neighbour Nareshbhai Arjanbhai Solanki. The complainant scolded both of them and then went to sleep. On 07.06.2025, at around 12:45 a.m., a police van from Gir-gadhda Police Station had come and two police came to his residence and the present applicant started beating the complainant's son with a stick. The present applicant asked the name of the complainant and his son, and thereafter began beating the complainant’s son with a plastic stick on his legs and on the back side and on the wrist. Thereafter, the applicant asked about the name and caste of the complainant and then beaten him with the same plastic stick on his wrist, left hand and asked whether they had consumed alcohol. As they have said yes, a complaint under the provisions of the Prohibition Act was filed against the complainant and his son and they were arrested and put up in the lockup. Thereafter, the complainant was allowed to go home and in the morning, even his son was also allowed to go home. Thereafter, they were taken to the Government Hospital at Gir-Gadhda and ultimately, FIR was registered after two days i.e. on 09.06.2025. 3. Learned advocate Mr. Niyalchandani submitted that the registration of the impugned offence against the applicant is nothing but a counter blast to the registration of offence under Section 66(1)(b) of the Prohibition Act against the son of the present complainant by the applicant, and therefore, the same is registered only with a view to pressurize him. It was further submitted that the present applicant is innocent and that the FIR was lodged after an unexplained delay of two days, which is not explained in the impugned FIR. On the basis of the above submissions, he prayed for quashing and setting aside the FIR and all consequential proceedings arising therefrom. R/CR.MA/12024/2025 ORDER DATED: 04/08/2025 Except for the aforesaid submissions, no other arguments were advanced by learned advocate Mr. Niyalchandani. 4. Learned APP Mr. Ronak Raval submitted that this is a case of police atrocity wherein an innocent citizen was mercilessly beaten and an offence under the Atrocities Act has also been registered. He further submitted that after knowing the caste of the complainant, he was beaten and, therefore, when the investigation is going on and a prima facie case is made out upon a bare reading of the FIR, no leniency should be shown to the present applicant, who is serving as an Assistant Sub-Inspector (ASI) in the Police Department. Hence, this petition may kindly be dismissed. Learned APP Mr. Raval has also apprised the Court about the fact that, upon registration of the offence, the inquiry is initiated against the applicant which is going on and the applicant has already been transferred from the said Police Station which would also indicate that a prima facie case is made out against the present applicant. Therefore, he prayed for the dismissal of the present petition. 5. I have heard the learned advocates for the parties and perused the record. Upon perusal of such record, two things emerge :- (I) that the present applicant has beaten the complainant and his son with a plastic stick on various parts of their bodies, for which both of them sustained multiple injuries and were admitted to the Government Hospital at Gir-Gadhda and (II) it appears that the complainant was asked about his caste, and upon disclosing the same, the present applicant had started bearing him mercilessly. Therefore, the said sequence of events prima facie indicates that R/CR.MA/12024/2025 ORDER DATED: 04/08/2025 the applicant had knowledge of the complainant’s caste, and therefore, prima facie offence under the Atrocities Act can also be said to be made out at this stage. Considering the totality of the facts and circumstances, as well as reading of the contents of the FIR, as the prima facie offence is made out, no interference at this stage is required when the investigation is ongoing in respect of the alleged offence and the concerned Officer has already been transferred. Therefore, I do not find any reason to interfere with the investigation. Accordingly, the present petition is required to be dismissed and the same is dismissed. In view of dismissal of main petition, connected application also stands dismissed. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/08/2025 17:50:46