HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
VINZABHAI BHURABHAI ODEDARA – Appellant
Versus
STATE OF GUJARAT – Respondent
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
FIR lacks necessary allegations to establish offences under the Atrocities Act, failing to meet legal requirements of public view and specific derogatory remarks.
The FIR lacked necessary elements to constitute an offence under the Atrocities Act, as no derogatory remarks or public view were established.
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 sufficient grounds for offences under the Atrocities Act, lacking essential elements such as derogatory remarks and public view.
The FIR did not disclose any offence under the Atrocities Act as it lacked necessary ingredients, leading to its quashment.
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 constitute an offence under the Atrocities Act, accusations must demonstrate derogatory terms or insults made in public view, which were absent in the present case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.