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HIGH COURT OF GUJARAT
JCD
RAMESHBHAI RAVATBHAI DABHI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(J.C. DOSHI, J.)
By an order dated 17/12/2019, learned advocate for the petitioner does not press for this petition insofar as the offence punishable under the IPC. Thus, this petition 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-184 of 2019 with Kodinar Police Station for the offences punishable under Sections 3 (1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,) 1989.
3. The short facts of the case as emerging from the FIR are that while the complainant and other labour were doing some cleaning work at that time one dumper passed through the said place and complainant requested the driver of the said dumper to take care and to use the hook of dumper to remove iron rod to which the accused got excited started giving kick and fist blows and insulted the caste of the complainant which has resulted into a lodgment of the FIR.
4. Heard learned advocate for the petitioners and learned APP for the respondent – State. Though served, respondent no.2 has not appeared.
5. Le
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.
The FIR lacked necessary elements to constitute an offence under the Atrocities Act, as no derogatory remarks or public view were established.
The FIR did not disclose sufficient grounds for offences under the Atrocities Act, lacking essential elements such as derogatory remarks and public view.
FIR lacks necessary allegations to establish offences under the Atrocities Act, failing to meet legal requirements of public view and specific derogatory remarks.
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 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.
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.
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.
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