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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Niravbhai Bavabhai Patel – 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 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
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.
The absence of essential ingredients in the FIR, specifically public view and caste-based derogation, warrants quashing of the proceedings under the Atrocities Act.
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.
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.
FIR lacks necessary allegations to establish offences under the Atrocities Act, failing to meet legal requirements of public view and specific derogatory remarks.
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.
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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