Back
VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Dnyaneshwar Rohidas Wakale – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
(PER : SMT. VIBHA KANKANWADI, J.)
1. Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing criminal proceedings in Sessions Case No.121/2019 pending before learned Additional Sessions Judge, Aurangabad arising out of offence vide Crime No.223/2018 dated 14.08.2018 registered with Khultabad Police Station, Dist. Aurangabad, for the offence punishable under Sections 295-A, 153-A of the Indian Penal Code, 1860 and under Section 3(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for the sake of brevity hereinafter referred to as “Atrocities Act”).
2. Heard learned Advocate Mr. R.V. Gore for applicant, learned APP Mr. V.K. Kotecha for respondent No.1 and learned Advocate Mr. P.B. Vikhe Patil for respondent No.2.
3. It has been vehemently submitted by learned Advocate for applicant that perusal of First Information Report would show that one Rajesh Baburao Waghmare had posted a post in respect of Bharatratna late Dr. Babasaheb Ambedkar on the informant’s mobile around 20.51 hours on 09.08.2018. Since it was objectionable post, informant felt insulted and gave a call to said Rajesh Waghmre and
The judgment established that intention is crucial for offences under IPC Sections 295-A and 153-A, and emphasized the need for proper legal procedures in taking cognizance of such offences.
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.
Prosecution under Section 153A of the IPC requires specific allegations of individual involvement and prior government sanction; failure to establish these voids proceedings.
Point of law: The extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the CrPC, it could quash a First Information Report. The police had not even com....
Point of law: Court in several cases, newspaper reports doesn’t constitute evidence. A petition based on unconfirmed news reports, without verifying their authenticity should not normally be entertai....
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
The court established that mere allegations of caste-based insults are insufficient to invoke the SC/ST Act unless there is clear evidence of intent to humiliate based on caste and that the incident ....
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
The court held that allegations of defamation and criminal intimidation lacked substance and failed to meet the necessary legal criteria under IPC Sections 500 and 506.
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
