Insufficient specific allegations in FIR under Atrocity Act and IPC prevent prosecution.

ORAL ORDER

1. By way of this petition, filed under Section 482 of the Criminal Procedure Code , 1973, (for short “Cr.P.C.”), the petitioners seek to quash and set aside FIR being II-C.R. No.123 of 2019 registered with Visnagar Taluka Police Station, District Mehsana, for the offence punishable under Section 323 , 504, 506(1), 114 of the Indian Penal Code , 1860, (for short “IPC”) and under Section 3(1)(r)9s)(f), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 (for short “Atrocity Act”) and all consequential proceedings arising out of the said FIR.

2. The brief facts of the case are as under.

2.1. The alleged incident happened around 3 months prior to the date of lodgment of the FIR, at around 10 to 11 am. in the morning while complainant had an occasion to visit a land as owned by him, he saw present petitioners present on his land.

It is so a conversation took place between him and present petitioners whereby present petitioners while projecting themselves as the owners of the said land, to which, complaint was claiming his ownership, the complainant was reprimanded by the present petitioners by saying that why has he entered the field of petitioners, to which, complainant responded by saying that in fact, the land on which he is standing belongs to him, so therefore only, he has come down to see the land in question, again such a response, the petitioners then informed complainant as to how the so-called land is claiming his ownership was in past sold to them by the mother of complainant around 10 years prior to the date of incident as against consideration of Rs.44,000/-. Complainant, thereafter asked the petitioners to come up with sale deed or any documents to show the factum of land being sold to them, the petitioners reprimanded him by saying that if he wishes to have documents in proof thereof, he should ask his mother about the same. It is alleged in the FIR that while such conversation was on, the petitioner got provoked so also followed by speaking of abusive language towards complainant, he was then inflicted with kick and fist blows upon his person, so also was reprimanded by saying that if he dares to once again enter the field of the petitioners, his hands and legs will be broken down, so also he will be done to death, and further abused by his caste by the petitioners. On account of such episode, since complainant was alone at the time of incident on account of fear, he then got out of his field, rushed back to his house and informed his family members about the so-called episode, resulting into, lodgment of the impugned FIR against all the three petitioner under the provisions of IPC and Atrocity Act.

2.2. Hence, the petition filed to quash aforesaid FIR.

3. Learned advocate Mr. Ravi Mandalia appearing on behalf of Mr. Pratik B. Barot, for the petitioners mainly argued that the accusation in FIR is general in nature. None of the essential ingredients of offence are attracted in the matter. He would further submit that there is no specific words which demonstrate in FIR that complainant is intentionally insulted or derogated on the account that he belong to SC/ST community. He would further submit that FIR tells that complainant has been beaten by kick and fist blows, however, FIR does not reveal that the complainant has taken any treatment in clinic / nursing home. The FIR does not demonstrate any statement, which pirma facie establish alleged allegation. Hence, he would submit that the petition may be allowed, and the questioned FIR be quashed.

4. Private responded served, but he did not remain present to contend his case.

5. Learned APP Mr. Tirthraj Pandya, having placed on record the report tendered by the Dy.S.P. Visnaga