HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
RAKESH @ RAMNIKBHAI HARJIBHAI PATEL – Appellant
Versus
THE STATE OF GUJARAT – Respondent
ORDER :
J. C. DOSHI, J.
Learned advocate for the petitioner does not press for this petition insofar as the offence punishable under the IPC. Permission as prayed for is granted. Thus, this petition is confined to the offence punishable under the Atrocities Act.
2. By way of this petition, under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashment of the FIR being C.R. No. 11211058200447 of 2020 with Bajana Police Station, District Surendranagar, for the offences punishable under Sections 3(1)(s), 3 (1) (r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,) 1989.
3. The short facts of the case as emerging from the FIR are that since in past offence was registered against the family members of the org. accused no.2, keeping grudge over the same, the incident erupted between the parties wherein org. accused no.2 was accompanied by the present petitioners and other co-accused resulting into a lodgment of the FIR.
4. Heard learned advocate for the petitioners and learned APP for the respondent – State. Though served, respondent no.2 has not appeared.
5. Learned Advocate for the petitioners taking to the FIR would sub
The FIR lacked necessary elements to constitute an offence under the Atrocities Act, as no derogatory remarks or public view were established.
FIR lacks necessary allegations to establish offences under the Atrocities Act, failing to meet legal requirements of public view and specific derogatory remarks.
The absence of essential ingredients in the FIR, specifically public view and caste-based derogation, warrants quashing of the proceedings under the Atrocities Act.
The FIR did not disclose any offence under the Atrocities Act as it lacked necessary ingredients, leading to its quashment.
The FIR did not disclose sufficient grounds for offences under the Atrocities Act, lacking essential elements such as derogatory remarks and public view.
An FIR under the Atrocities Act is quashed when it lacks essential ingredients necessary to constitute an offence, specifically failing to demonstrate remarks made in public view.
The FIR was quashed as it failed to disclose essential elements of an offence under the Atrocities Act, including specific derogatory remarks and the context of public view.
The court held that an FIR alleging offences under the Atrocities Act must disclose specific derogatory remarks made in public view, which was not established in this case.
The FIR under the Atrocities Act was quashed due to lack of essential elements, including public view and caste identification.
To establish an offence under the Atrocities Act, allegations must clearly demonstrate derogatory language used in public view, which was not present in this case.
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