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VAIBHAVI D. NANAVATI
Hemantbhai Ranjitrai Desai – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Special Atrocity Case No.2 of 2018 pending before the Court of the learned 4th Ad-hoc Additional District Judge, Ahwa arising from the F.I.R. being C.R. No.II-22 of 2018 filed before the Saputara Police Station, District-Dang, for the offence punishable under Sections-186, 504, 506(2) of the I.P.C.
2. It appears that the allegations with regard to atrocity came to be added against the applicant herein on 23.10.2018 invoking Section-3(10) of the Atrocity Act.
3. Being aggrieved by the aforesaid, the applicant herein has approached this Court seeking quashment of the aforesaid FIR. The aforesaid F.I.R. being C.R. No.II-22 of 2018 filed before the Saputara Police Station, District-Dang, culminated into criminal case and consequently, Criminal Case being Special Atrocity Case No.2 of 2018 registered, wherein charges have been framed and the same is at the stage of evidence of prosecution.
4. Brief facts as stated by the applicant herein framing adjudication of the present case
The bar under Section 195 of CrPC does not apply to distinct and separate offences disclosed by the same facts, and the entire FIR cannot be quashed solely based on the bar under Section 195 of CrPC.
The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisd....
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 ....
FIR for pandemic restriction violations under IPC Sections 269, 270, 188 quashed due to non-compliance with CrPC Section 195 requiring written public servant complaint, insufficient evidence, no infe....
The power to quash criminal proceedings should be exercised sparingly and in rarest of rare cases, and a prima facie case must be established for the charges to be framed.
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