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2025 Supreme(GUJ) 515

HIGH COURT OF GUJARAT
J. C. DOSHI, J
UMESHBHAI SOMABHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:UMARFARUK M KHARADI(8155) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.I-73 of 2018 registered with Rajgadh Police Station, District Panchmahal and all the consequential proceedings arising therefrom qua the present applicants.

2. At the outset, learned advocate Mr.Kharadi does not press the present petition insofar as offences punishable under Sections 452, 332, 504, 506(2) and 114 of IPC are concerned, but he press this petition only qua offences punishable under Sections 3(1)(R)(S) and Section 3(2)(5)(a) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “Atrocities Act”).

3. Referring to the FIR, learned advocate Mr.Kharadi 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 residential house 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 p

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