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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, RAJESH S.PATIL
Shailendra Bankebihari Singh – Appellant
Versus
State of Maharashtra, Through Pali Police Station, Sudhagad – Respondent
| Table of Content |
|---|
| 1. petition under article 226/482 crpc to quash sc/st fir (Para 1 , 2 , 3) |
| 2. alleged casteist slur at cattle shed blocking water path (Para 4) |
| 3. debate on fir delay, public view, malafides, prima facie case (Para 5 , 6 , 7) |
| 4. amicable settlement of encroachment on purchased land (Para 8) |
| 5. unexplained 30-day fir delay, no independent witnesses (Para 9) |
| 6. caste abuse must occur in public view (swaran singh) (Para 10) |
| 7. quash mala fide proceedings (bhajan lal para 102(7)) (Para 11 , 12) |
| 8. petition allowed, fir quashed (Para 13) |
JUDGMENT :
A.S. GADKARI, J.
1) By this Petition under Article 226 of Constitution of India read with Section 482 of Criminal Procedure Code, 1973 (‘Cr.P.C.’), the Petitioner is seeking relief of quashing and setting aside the FIR bearing CR No.189 of 2022, dated 27th December 2022, registered with Pali Police Station, Taluka Sudhagad, District Raigad, under Sections 3(1)(r), 3(1)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 504 of the Indian Penal Code, 1860.
2) Heard Mr. Rajiv Chavan, learned senior Advocate for the Petitioner and Mr. Vinod Chate, learned APP for the Respondent No.1-State. Peruse
FIR under SC/ST Act quashed due to incident in private cattle shed without independent witnesses, unexplained 30-day delay, and mala fides from prior land encroachment settlement and petitioner's the....
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The right to a speedy trial is fundamental under Article 21, and significant delays in filing complaints can undermine their credibility and warrant quashing of proceedings.
The court emphasized that allegations under the SC/ST Act require proof of the accused's awareness of the victim's caste, and misuse of the Act for personal vendetta is impermissible.
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