AMRUTLAL KANJIBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Mr. Pranav Trivedi, learned Additional Public Prosecutor and Mr. Hardik Thakkar, learned advocate for respondent No.2, waive service of notice of admission on behalf of the respective parties.

(2.) This appeal has been preferred under section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short, "the Atrocities Act") seeking anticipatory bail in connection with the complaint being FIR No.11196007200715 of 2020 registered with Gorwa Police Station, Vadodara City for the offences punishable under sections 506(2) , 294(b) and 114 of IPC and sections 3(2)(va), 3(1)(r) and 3(1)(s) of the Atrocities Act.

(3.) Mr. K.I. Kazi, learned advocate for the appellant, submitted that the son of the complainant herein, namely Mitesh, got married with the daughter of the appellant on 05.11.2018; however, some matrimonial dispute arose between them. It was submitted that the appellant had gone to the house of the complainant for some talks in connection with the complaint. At that time, some verbal altercation took place between them which, ultimately, led to the filing of the impugned complaint. It was contended that the alleged incident took place inside the house of the complainant, during which time, no independent person was present in the house. Hence, the alleged offence could not be considered to have been committed in "public view" as required under the provisions of the Atrocities Act. It was, therefore, prayed that discretion may be granted in favour of the appellant.