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2025 Supreme(Online)(Guj) 8012
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
SHAILESH HANSRAJ KANSARA & ORS. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 6678 of 2013
For the Appellants/Petitioners: MR B.Y. MANKAD
For the Respondents: MR CHINTAN DAVE, APP
Court quashed FIR against applicants, finding no derogatory intent or public humiliation; intent was historical exposition, and published apologies were mitigating factors.
Headnote:(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Indian Penal Code - Sections 295, 295A, 500, 501 and 502 - Quashing of FIR - Applicants sought to quash an FIR alleging derogatory publication - Court found no intent to insult or humiliate caste members - Apology published by petitioners considered - FIR quashed as accusations did not establish required intent. (Paras 2, 4, 8, 10)
(B) Quashing of FIR - The court determined that the article was intended to inform rather than insult; no public humiliation was found. The author’s death and the subsequent apology weakened the allegations. (Paras 7, 9)
Facts of the case:
The applicants faced an FIR for an article deemed derogatory against a caste member. It was contended that the article merely aimed to inform about historical characters without offending intent.
Findings of Court:
No prima facie case established; the FIR was quashed as no derogatory intent was present and public apology made.
Issues: Whether the publication amounted to a derogatory act under the Atrocities Act and IPC sections.
Ratio Decidendi: The court found insufficient basis for the allegations due to the absence of derogatory intent and appropriate corrective actions taken by the petitioners.
Result: Present petition is allowed.
| Table of Content |
|---|
| 1. grounds for quashing an fir under the code of criminal procedure. (Para 1 , 2) |
| 2. arguments presented by the applicants against the fir. (Para 4) |
| 3. court analysis of the article's content and intent (Para 5) |
| 4. arguments made by the applicants and respondent (Para 6) |
| 5. court observations on the intent and content of the publication. (Para 7 , 8) |
| 6. ratio decidendi concerning ipc and atrocities act applicability. (Para 9) |
ORAL ORDER
1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicants seek quashing of the FIR registered as I-C.R.No.35 of 2013 with Bhuj City Police Station, Bhuj - Kachchh for the offence punishable under sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sections 295, 295A, 500, 501 and 502 of the Indian Penal Code and further proceedings arising thereof.
2. Brief facts of the case are as under :-
2.1 It is the case of the first informant that accused no.1 Pravinchandra Shah - accused no.1 had written article under the heading of 'Lakho Fulani", Jasma Odan Vali Katha shu Kharekar kutch ni chee?, in his colum "Raiyat Nama" in Kutch Mitra daily which came to be published on 17.02.2013, 24.02.2013 and 13.03.2013. It is alleged in the complaint that accused no.1 has written in article which contains derogatory langauage against the caste of the complainant and thereby committed offence. It is alleged that present petitioners being publisher, managing editor and local editor of newspapers have committed offence publishing the article in newspaper. Hence, the FIR.
3. Heard learned Advocates appearing for the respective parties.
4. Learned advocate Mr. B.Y.Mankad for the applicants seeking quashment of impugned FIR would submit that accused no.1 - Pravinchandra Shah had written article and present petitioners are Printer and publisher of Kutchmitra newspaper, Managing Editor and Editor. It is submitted that accused no.1 who has written article has expired and petition preferred by him being Special Criminal Application No.781 of 2013 is abated. It is submitted that after the article was published, petitioners have issued clarification and tendered apology which was published in edition dated 25.02.2013 and apology of accused no.1 was published on 26.02.2013. It is submitted that intention of the author was to inform public and readers of newspaper about history relating to historic character 'jasma odan'. It is submitted that entire article, nowhere reflects that intention of writer or petitioners was to insult or intimidate with intent to humiliate or to defame member of scheduled caste. It is submitted that offence under Atrocities Act are not attracted and therefore, the petition may be allowed and questioned FIR may be quashed.
4.1. So far as offence under sections 295, 295A, 500, 501 and 502 of IPC is concerned, learned advocate for the petitioners submitted that on plain reading of FIR itself, does not attract essential ingredient of such offence and therefore, he submitted to allow the petition in entirety and quash the entire FIR.
5. Respondent no.2 complainant is served, but none remained present.
6. Per contra, learned APP for respondent State taking this Court through publication of article submitted that petitioners were knowing fully well that it derogates members of SC / ST. This publication was circulated among so many people and public at large came to know about the article, which prima facie attracts offence under the Atrocities Act and therefore, he submits to dismiss the petition.
7. Having heard learned advocates for the parties and considering record of the petition, what could be notice that accused no.1 had published article in Kuthmitra daily. Present petitioners are printer and publisher, managing editor and editor of newspaper viz. Kutchmitra daily. Entire FIR came to be filed at the instance of third party in regard to article published in Kuthmitra on 24.02.2013 regarding story
