RAJESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being No.II-C.R.No.244 of 2019 registered with Kamlabag Police Station for the offences under Ss. 323 , 504 of IPC read with Sec. 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") and all the consequential proceedings arising therefrom.

(2.) At the outset, learned advocate Mr.Dagli does not press the present petition insofar as offences punishable under Ss. 323 , 504 of IPC are concerned, but he press this petition only qua offences punishable under Ss. 3(1)(R)(S) of the Atrocities Act.

(3.) Referring to the FIR, learned advocate Mr.Dagli 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 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) of the Atrocities Act are not satisfied, the offence may be quashed. Learned advocate Mr.Dagli 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.