The FIR did not disclose any offence under the Atrocities Act as it lacked necessary ingredients, leading to its quashment.

ORDER :

(J.C. DOSHI, J.)

Learned advocates for the petitioners do not press for this petition insofar as the offence punishable under the IPC. Permission as prayed for is granted. Thus, these petitions are confined to the offence punishable under the Atrocities Act.

2. By way of these petitions, under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashment of the FIR being C.R. No. II-59 of 2019 registered with Adesar Police Station against the applicants for the offences punishable under Section 3(1)(r), 3(1)(s), 3(2)(5)(a) 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 since the complainant was doing job of cultivating the crop in the agriculture field, the present accused persons asked him to vacate the said premises and field and not to do this work; to which complainant informed that he was doing this job since long years and thus the accused persons got excited and gave threat to kill him and thereby committed the aforesaid offence which has resulted into lodgment of the FIR.

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 since the complainant was doing job of cultivating the crop in the agriculture field, the present accused persons asked him to vacate the said premises and field and not to do this work; to which complainant informed that he was doing this job since long years and thus the accused persons got excited and gave threat to kill him and thereby committed the aforesaid offence which has resulted into lodgment of the FIR.

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. Baring allegations nothing is coming from the FIR to satisfy the ingredient of the offence alleged against the petitioners. To be noted that presence of third party in whose presence if such derogatory remarks are made is also