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Shanabhai Shalyabhai Rathva vs State Of Gujarat

High Court Of Gujarat|27 August, 2020
Learned advocate Mr.Jigar Gadhvi for Mr.Jigneshkumar P. Pandav, learned advocate for the respondent no.2 has requested to adjourn the matter and permitted the respondent no.2 to file his affidavit in reply.
Permission; as sought for, is granted. Learned advocate for the applicants submits that the applicant nos.1 and 2 belong to SC/ST Community and there is no question of applicability of provisions of Prevention of Atrocity Act applied by the prosecution against them. He further submits that Criminal Appeal filed by the present Page 1 of 2 Downloaded on : Fri Aug 28 02:36:37 IST 2020 R/CR.MA/10707/2020 ORDER applicants before this Court against the prayer rejected by learned Trial Court for granting their anticipatory bail, is pending before this Court. He further requests to protect the applicants during the pendency of this quashing petition.
Stand over to 10.09.2020.
No coercive action shall be taken against the present applicant nos.1 and 2, so far as the provisions of Sections 3(2)
(v), 3(1)(c) and 3(1)(e) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 are concerned, till the next date of hearing.
So far as provisions of Indian Penal Code are concerned, Investigating Officer may be permitted to investigate such offence.
(B.N. KARIA, J) MARY VADAKKAN Page 2 of 2 Downloaded on : Fri Aug 28 02:36:37 IST 2020
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  • B N Karia