ISHWARBHAI VERSIBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of rule for respondent No.1 - State and learned advocate Mr.Rushabh Shah waives service of rule for respondent No.2.

(2.) At the outset, learned advocate Mr.Tirmizi does not press the present petition insofar as offences punishable under Ss. 323, 504, 506 (2) and 114 of IPC are concerned, but he press this petition only qua offences punishable under Ss. 3(1)(R)(S) and Sec. 3(2)(5)(a) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act").

(3.) Referring to the FIR, learned advocate Mr.Tirmizi would submit that the alleged offence did not take place within public domain. He would further submit that according to FIR, the incident took place within the office of the accused Ishwarbhai Desai and therefore, there is clear bar of Sec. 3(1)(10) of Atrocities Act are attracted in the present case. He would further submit that on plain reading of FIR, it does not indicate that the first informant has mentioned in FIR that he belongs to a particular caste i.e. Scheduled Caster or Scheduled Tribe and having knowledge of the same, the accused has abused him and insulted him for the caste. Therefore, since ingredients of offence under Sec. 3(1)(R)(S) and 3(2)(5)(a) of the Atrocities Act are not satisfied, the offence may be quashed. Learned advocate Mr.Tirmizi referred to the judgment of coordinate Bench of this Court in case of Sandip @ Sanjay @ Tako Chhaganbhai Ughreja vs. State of Gujarat and another, being Criminal Misc. Application No.15188 of 2014. Upon above submissions, he would submit to quash the FIR as far as offence under the Atrocities Act are concerned.