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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Lada Alias Dadho Ali Mohammed Khara – Appellant
Versus
State Of Gujarat – Respondent
ORDER : J. C. DOSHI, J.
1.At the outset, it is required to be noted that, present petitioners have not pressed for this application insofar as the offence punishable under the IPC. Thus, this application 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. II - 3001 of 2017 registered with Dudhai Police Station against the petitioners for the offences punishable under the provisions of the Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989.
3. Heard learned advocate for the petitioners and learned APP for the respondent – State.
4. Though served, none appears for the private respondent/s.
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 petitioners would submit that FIR does not disclose the fact that any derogatory words was used by the pet
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 did not disclose any offence under the Atrocities Act as it lacked necessary ingredients, leading to its quashment.
The FIR did not disclose sufficient grounds for offences under the Atrocities Act, lacking essential elements such as derogatory remarks and public view.
The FIR lacked necessary elements to constitute an offence under the Atrocities Act, as no derogatory remarks or public view were established.
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.
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.
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.
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.
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