Case Note & Summary
The petitioners, four practising advocates at Malegaon Bar, filed a criminal writ petition seeking quashing of FIR No. II C.R.No.3027/2004 registered at Chavni police station, Malegaon, on 19-4-2004. The FIR was lodged against them for alleged offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and various sections of the Indian Penal Code. The background involved complaints against respondent No.3, a Judicial Magistrate, regarding his functioning and attitude towards advocates. Pursuant to those complaints, the High Court ordered an inquiry, and by letter dated 15-4-2004, the District and Sessions Judge, Nasik, transferred all matters from his court to another court. The petitioners argued that the FIR was a counterblast to the complaints against the judge and that the allegations did not make out any prima facie case. The State opposed the petition. The court examined the FIR and found that the allegations were vague and did not disclose the essential ingredients of the offences under the SC/ST Act or IPC. The court held that continuing the proceedings would be an abuse of process of law and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - No Prima Facie Case - FIR against advocates for alleged offences under SC/ST Act and IPC quashed as allegations did not disclose essential ingredients of the offences - Held that continuation of proceedings would be an abuse of process of law (Paras 1-10).
Issue of Consideration
Whether the FIR against the petitioners, who are advocates, for alleged offences under the SC/ST Act and IPC discloses any prima facie case and whether the continuation of proceedings would amount to abuse of process of law.
Final Decision
The court allowed the petition and quashed FIR No. II C.R.No.3027/2004 registered at Chavni police station, Malegaon.
Law Points
- Quashing of FIR
- No prima facie case
- Abuse of process of law
- Section 482 CrPC
- SC/ST Act
- Ingredients of offence
- Criminal conspiracy
Case Details
2005 LawText (BOM) (04) 99
Criminal Writ Petition No.835 of 2004
R.M.S. Khandeparkar, P.V. Kakade
P.K. Dhakephalkar with N.P. Shimpi for Petitioners, B.H. Mehta, Addl. Public Prosecutor for Respondent Nos.1 and 2
Prakash Vishnu Datar, Uday Dattatray Kulkarni, Vijay Laxman Kulkarni, Shabbir Khan Etbar Khan Kardar
The State of Maharashtra, Sr. Inspector of Police, Chavni Police Station, Malegaon, Shri Rajesh Ratanlal Kale
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Nature of Litigation
Criminal writ petition under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR No. II C.R.No.3027/2004 registered at Chavni police station, Malegaon
Filing Reason
The petitioners, advocates, alleged that the FIR was a counterblast to complaints against a judicial magistrate and did not disclose any prima facie case
Issues
Whether the FIR discloses a prima facie case against the petitioners
Whether continuation of proceedings would be an abuse of process of law
Submissions/Arguments
Petitioners argued that the FIR was vague and did not make out any offence under the SC/ST Act or IPC
State opposed the petition, but the court found no merit in the allegations
Ratio Decidendi
The allegations in the FIR did not disclose the essential ingredients of the offences under the SC/ST Act or IPC, and continuing the proceedings would be an abuse of process of law.
Judgment Excerpts
Heard the learned Advocate for the petitioners and the learned A.P.P..
By the present petition, the petitioners seek to quash the FIR bearing No.II C.R.No.3027/2004, registered with the Chavni police station, Malegaon, District Nasik against the petitioners on 19-4-2004.
Procedural History
The petitioners filed Criminal Writ Petition No.835 of 2004 before the Bombay High Court seeking quashing of FIR. The court heard the parties and delivered judgment on 6-4-2005.
Acts & Sections
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 3
- Indian Penal Code, 1860: 120-B, 504, 506
- Code of Criminal Procedure, 1973: 482
