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2025 Supreme(GUJ) 199

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
RAJESH @ RAJU VINODRAI THAKER – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR ASHISH M DAGLI(2203) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Table of Content
1. arguments by applicant's advocate (Para 3 , 4)
2. court's analysis of fir (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. court's reasoning for quashing (Para 15)

ORDER :

1. By way of this application under Section 482 of the Code of Criminal Procedure , 1973, the applicant has prayed to quash and set aside the FIR being No.II-C.R.No.244 of 2019 registered with Kamlabag Police Station for the offences under Sections 323, 504 of IPC read with section 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “Atrocities Act”) and all the consequential proceedings arising therefrom.

3. Referring to the FIR, learned advocate Mr.Dagli would submit that the alleged offence did not take place within public domain. He would further submit that according to FIR, the incident took place within the office of the accused and therefore, there is clear bar of Section 3(1)(10) of Atrocities Act are attracted in the present case. He would further submit that on plain reading of FIR, it does not indicate that the first informant has mentioned in FIR that he belongs to a particular caste i.e. Scheduled Caster or Scheduled Tribe and having

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