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VISHAL MISHRA
Sanjeev Rai – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
On earlier occasion this Court vide order dated 09.01.2024 granted time to the applicants to place on record the order of framing charges. In compliance of the said order learned counsel for the applicants has filed I.A. No.3642 of 2024, an application for taking documents on record. Along with the application the order of framing charges has been filed as Annexure IA/1.
For the reasons mentioned therein, the application is allowed. The same is taken on record.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of an FIR dated 22.03.2016 registered at Crime No.117 of 2016 at Police Station Gairatganj, District Raisen for offences punishable under Sections 294, 509, 34 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and subsequently the charge framed against the applicants under Sections 323, 294, 506 (Part-II) of the Indian Penal Code and Section 3(1)(w)(2), 3(1)(r) and 3(1)(s) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 have also been challenged.
2. The case of the applicants is that the respondent No.2/complainant
The court affirmed that a prima facie case must be established for framing charges, emphasizing that quashing of FIRs should be rare and only in exceptional circumstances.
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The court emphasized that allegations under the SC/ST Act require proof of the accused's awareness of the victim's caste, and misuse of the Act for personal vendetta is impermissible.
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The limited scope of inquiry at the stage of framing charges and the prima facie nature of the offences were central legal principles established in the judgment.
The absence of public view during the alleged incident and lack of independent witnesses led to the quashing of the FIR under the Atrocity Act and IPC.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
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