HIGH COURT OF GUJARAT
J. C. DOSHI, J
Jayantibhai Maganbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER
Learned advocate for the petitioner does not press for this petition qua offence punishable under Sections 143, 147, 149, 323, 506(2) of Indian Penal Code lodged pursuant to FIR vide C.R. No. 11209014201172 of 2020 registered with Gambhoi Police Station Accordingly, petition stands disposed of as not pressed qua the aforesaid charges.
2. Heard learned advocate for the petitioners and learned APP for the respondent – State. Though served, respondent no.2 has not appeared.
3. 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 al
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.
The FIR did not disclose any offence under the Atrocities Act as it lacked necessary ingredients, leading to its quashment.
The FIR lacked necessary elements to constitute an offence under the Atrocities Act, as no derogatory remarks or public view were established.
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 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.
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 FIR did not disclose sufficient grounds for offences under the Atrocities Act, lacking essential elements such as derogatory remarks and public view.
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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