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HASMUKH D. SUTHAR
Apoorva Oza – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(i) By filing Criminal Misc. Application No.15861 of 2013, under Section 482 of the Code of Criminal Procedure, 1973 the applicant- Apoorva Oza seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being, I-C.R. No.93 of 2013 registered with Valia Police Station, Bharuch, on 03.09.2013 for the offence punishable under Section 354 of the IPC and Section 3(1) of the “Atrocity Act”.
(i) By filing Criminal Misc. Application No.17116 of 2013, under Section 482 of the Code of Criminal Procedure, 1973, the applicant- Prabhakarsinh Zala & Ramanbhai Patel seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being, II-C.R. No.53 of 2013 registered with Valia Police Station, Bharuch, on 27.09.2013 for the offence punishable under Sections 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “the Atrocity Act”) and Section 506 read with Section 114 of the the Indian Penal Code.
2. Both the complaints have been filed by the respondent No.2 Anilaben Prabhubhai Vasava.
3. Heard Mr.Pankaj Chaudhary, learned advocate for the applicants, Mr
case against the applicants in both these matters do not fall within the category of being an exceptional case where the inherent powers under Section 482 of Cr.P.C. could be exercised in favour of t....
The court held that an allegation of abuse in the name of caste must be supported by evidence and cannot be made as an afterthought or with mala fide intention. The court also held that a delay in lo....
A charge-sheet filed at the dictate of somebody other than the police would amount to abuse of the process of law and hence the High Court ought to have exercised its inherent powers under Section 48....
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 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 ....
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 emphasized that for offences under the Atrocities Act, the alleged insult must occur in public view, which was not established in this case.
The misuse of the S.C./S.T. Act for personal grievances is impermissible, and allegations must substantiate a prima facie case to avoid abuse of legal processes.
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