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ANUJA PRABHUDESSAI, R. M. JOSHI
Laxmikant Shridharrao – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. With consent, heard finally at the stage of admission.
2. This is an application under Sec. 482 of Cr.P.C. to quash the first information report No. 0304 of 2021 registered at Udgir City Police Station, Udgir, Dist. Latur and Special Case No. 16 of 2021 pending before the Ld. District Judge-1 and Additional Sessions Judge, Udgir, Dist. Latur for the offences punishable under Ss. 448, 504, 506 read with Sec. 34 of the IPC and under Ss. 3(1)(g), 3(1)(r), 3 (1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Heard learned counsel for the applicant, learned APP for the respondent/State and learned counsel for respondent No. 2. We have perused the records and considered the submissions advanced by learned counsel for the respective parties.
4. The aforesaid crime was registered pursuant the first information report lodged by the respondent No.2- Gautam Bhagwan Somwanshi, who he is a member of scheduled caste. The allegations in the first information report are that his cousin Annasaheb Maloji Banshelkikar had permitted him to use one shop, which was purchased from Somwanshi builder. On 18/10/2021 at about 1.30 pm his friend Arun Ujedkar in
The main legal point established in the judgment is that the essential ingredients of the offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, including intentional....
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.
Inherent powers under Section 482 CrPC though wide have to be exercised sparingly, carefully and with great caution.
For an offence under the SC/ST Act, there must be intent to humiliate based on caste identity; mere membership in a Scheduled Caste is insufficient.
The FIR under the Atrocities Act was quashed due to lack of essential elements, including public view and caste identification.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The absence of independent witnesses and the private nature of the incident precluded establishing the essential elements of the alleged offences under the Atrocities Act, leading to the quashing of ....
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