FIR lacks necessary allegations to establish offences under the Atrocities Act, failing to meet legal requirements of public view and specific derogatory remarks.

ORDER :

(J.C. DOSHI, J.) 

At the outset, it is required to be noted that, learned advocate for the petitioners does not press for this application insofar as the offence punishable under the IPC. Thus, this application 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. I-112180172101 3 5 of 2021 registered with Madhavpura Police Station against the applicants for the offences punishable under Section 3 (1)(r), 3 (1)(s), 3 (2)(va) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

3 . The short facts of the case as emerging from the FIR are that on 0 3 /05/2021 the brother of the complainant was died and on 16/05/2021 while the complainant alongwith other was going for bone immersion at that time when they reached near the house of the petitioner and having seen the complainant, the petitioner got incited and asked them that they have grabbed the house and if they do not give then they will also meet with the same fate and abused them. Thus it is alleged that petitioners have passing threat of killing the org. complainant and insulted on their caste.

4. Heard learned advocate for the petitioners and learned advocate for the first informant and learned APP for the respondent – State. .

5. Learned Advocate for the petitioners taking to the FIR would submit that general allegations are made against the petitioners and no such ingredients of the alleged offence is attracted if the FIR is read at its face value. In regards to the allegations made under the Atrocities Act, learned advocate for the petitioner would submit that FIR does not disclose the fact that any derogatory words was used by the petitioner to lower the caste of the first informant. Learned advocate for the petitioner would submit that if the FIR is read as it is no such ingredients of the alleged offence is found prima facie to have been attracted qua the petitioner and therefore by making above submissions, he would submit to allow this petition and to quash the FIR.

6. Learned advocate for the first informant would taking this Court through the statement made in the FIR submitted that offence alleged to have been made out against the petitioners as the petitioners have used derogatory words to lower the caste of the complainant and therefore prima-facie material is made out which constitute the offence as alleged in the FIR. He would therefore submit to dismiss the present petition.

7. Learned APP while adopting the submissions made by learned advocate for the first informant would submit to dismiss the present petition.

8. Having heard the learned advocates appearing for the respective parties and examining the FIR as it is, it appears that on 03/05/2021 the brother of the complainant was died and on 16/05/2021 while the complainant alongwith other was going for bone immersion at that time when they reached near the house of the petitioner and having seen the complainant, the petitioner got incited and asked them that they have grabbed the house and if they do not give then they will also meet with the same fate and abused them. Thus it is alleged that petitioners have passing threat of killing the org. complainant and insulted on their caste.

9. Prima facie, reading of the FIR does not disclose any offence as alleged under the Atrocities Act in the FIR. It could be noticed that offence under under Section 3 (1)(r), 3 (1)(s), 3 (2)(5)(a) of the Atrocities Act is alleged; however none of the averments made in the FIR attracts the said provision. What could be noticed that at no where it is stated in the FIR that accused belongs to general caste and first informant belongs to schedule caste and by using such derogatory remarks he had insulted his caste in public place. Even, which kind of the words are used to derogate the caste of the complainant is not coming out from the FIR.