JUDGEMENT
SONIA GOKANI,J. -
(1.) Present application is preferred by the applicants for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973 in connection with IC. R.No.52 of 2018 registered with Amreli City Police Station, for the offences punishable under Sections 323, 324, 504, 147, 148, 149, 427, 452, 392, 395 and 506 Part 2 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
(2.) According to the applicants, they have not committed any act. It is only to create a pressure upon the applicants, this complaint has been filed. It is also their say that the complainant is an RTI activist, who often indulge himself into such kind of activities. There is a cross complaint which has been filed numbered as IC. R.No.57 of 2018 registered with Amreli City Police Station Police Station.
(3.) This Court had protected the applicant Nos.2 to 7 by its order dated 10.07.2018. Relevant paragraphs of the order dated 10.07.2018 are as follows:
"3. The first informant is a journalist and a Right to Information Activist. It is alleged that with a view to create pressure on the complainant, absolutely a false first information report has been filed. It is only an attempt to implicate the applicants in a serious offence, where in fact, there is a dispute of property. It is further urged that it is alleged that the complainant has caused self injury and damaged his vehicle to create a show that there has been an assault by the applicants.
4. On perusal of the First Information Report and the papers of investigation and also on hearing both the sides, as also considering the nature of allegations in the First Information Report, as also considering the injury certificate produced by the Investigating Officer, at this stage, the applicant Nos.2 to 7 are directed to remain present before the concerned Investigating Officer on July 13, 2018 at 1100 a.m., without fail.
It is clarified that the Investigating Officer shall take any coercive steps against the applicant Nos.2 to 7, till further orders of this Court.
Let the matter appear on July 13, 2018.
Direct Service is permitted.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.