HIGH COURT OF GUJARAT
J. C. DOSHI, J
UMESHBHAI SOMABHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
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
The absence of essential elements, such as public view and caste identification, precludes prosecution under the Atrocities Act.
The FIR under the Atrocities Act was quashed due to lack of essential elements, including public view and caste identification.
The absence of necessary averments regarding caste identity and public view in the FIR led to the quashing of charges 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 court held that the FIR did not satisfy the necessary elements for offences under the Atrocities Act, as the incident occurred in a private setting and lacked evidence of caste-based insult.
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 FIR did not disclose any offence under the Atrocities Act as it lacked necessary ingredients, leading to its quashment.
The absence of essential ingredients in the FIR, specifically public view and caste-based derogation, warrants quashing of the proceedings under the Atrocities Act.
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.
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.
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