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.

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 Amendment 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-512 of 2019 registered with Chikhli Police Station against the petitioner for the punishable under Sections 323 , 504, 506(2) and 114 of the IPC and under Section 3(1)(R)(S) & 3(2)(5)(a) of the Atrocities Amendment Act, 2015.

3. The short facts of the case as emerging from the FIR are that the allegations in the FIR dated 31.08.2019 registered as C.R. No. II - 512 of 2019 with Chikhli Police Station, District Navsari, it is alleged that while the complainant was engaged in preparations for Ganesh Utsav, Accused No.1 arrived at the spot and began polluting the premises. Upon being objected to by the complainant, Accused No.1 allegedly assaulted the complainant and his companions with a wooden log and also hurled caste-related abusive remarks. Subsequently, Accused Nos. 2 and 3 allegedly joined Accused No.1 in assaulting the complainant and his relatives, and were later joined by Accused Nos. 4 to 6. It is further alleged that the accused persons reiterated caste-based derogatory remarks and issued threats of dire consequences before leaving the scene.

In view thereof, the present petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred seeking quashing of the aforesaid FIR.

4. Heard learned advocate for the petitioner 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 petitioner 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 petitioner to lower the caste of the first informant. Learned advocate for the petitioners 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 petitioner as the petitioner has 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. Prima facie, reading of the FIR does not disclose any offence as alleged under the Atrocities Amendment Act in the FIR. It could be noticed that offence under Section 3(1)(R)(S) & 3(2)(5)(a) of the Atrocities Amendment 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 missing in the pres