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VIBHA KANKANWADI, RAJESH S. PATIL
Ramesh Tukaram Bharate – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VIBHA KANKANWADI, J.
1. Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.
2. Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashment of the First Information Report as well as the entire proceedings against the applicants.
3. Present respondent No.2 is the informant, who had lodged First Information Report vide Crime No.389/2020 on 24.09.2020 with M.I.D.C. Latur Police Station, Dist. Latur, for the offence punishable under Sections 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In short, “the Atrocities Act”) in respect of an incident that had allegedly taken place on 19.08.2020.
4. Heard learned Advocate Mr. K.A. Kadam for the applicants, learned APP Mr. B.V. Virdhe for respondent No.1 and learned Advocate Mr. G.G. Suryawanshi for respondent No.2.
5. It has been vehemently submitted on behalf of the applicants that the applicant No.1 is a Medical Practitioner. He runs hospital by name “Gayatri Hospital” at Latur and he is reputed in the vicin
The court established the principle that the ingredients of the offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must be clearly established and supported by ev....
The court emphasized that for offences under the Atrocities Act, the alleged insult must occur in public view, which was not established in this case.
The court clarified that for offences under the Atrocities Act, allegations must occur in public view, and prosecution can be quashed in part based on the sufficiency of evidence.
The main legal point established in the judgment is that if the allegations in the FIR do not prima facie constitute a case against the accused, the proceedings can be quashed.
The court quashed the FIR and proceedings under the Atrocities Act, finding no prima facie case against the applicant and emphasizing the need to prevent abuse of legal processes.
The judgment establishes the principle that the court can quash criminal proceedings if they are manifestly attended with mala fide and maliciously instituted with an ulterior motive, as per the guid....
The main legal point established is that for an offence under the SC ST Act, the alleged acts must occur in a place within public view, as per the judicial pronouncements and legal provisions cited.
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