IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Ruturajsinh Ashoksinh Gohil – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
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 I-C.R. No.82 of 2017 registered with Gandhidham ‘B’ Division Police Station against the petitioners for the offences punishable under Sections 3(1) (r), 3(1)(s), 3(2)(v) and 3(2)(va) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989.
3. The short facts of the case as emerging from the FIR are that the applicants were arrested in connection with I-C.R. No.82 of 2017 registered with Gandhidham 'B' Division Police Station for offences punishable under Sections 332 , 333, 323, 186, 504, and 114 of the INDIAN PENAL CODE ; Sections 3(1)(r), 3(1)(s), 3(2)(v), and 3(2)(va) of the-ct, 1989; Section 177 of the MOTOR VEHICLES ACT ; and Section 135 of the GUJARAT POLICE ACT . Upon completion of investigation, a charge-sheet was filed and the matter was registered as Criminal
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.
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 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 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 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.
A FIR can be quashed if it does not disclose a prima facie offence, especially where requirements of public view and derogatory remarks under the Atrocities Act are not met.
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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