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Bombay High Court Quashes Criminal Proceedings Against Police Officer in SC/ST Act Case for Non-Registration of FIR — Failure to Register FIR Does Not Attract Section 217 IPC Without Intent to Save Offender from Legal Punishment.

The applicant, Jignesh Patel, a Station House Officer at Khanvel Police Station, filed an application under Section 482 of the Criminal Procedure Code...

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Bombay High Court Allows Impleadment of Additional Accused Under Section 319 CrPC in Atrocities Case — Instigation by Co-accused's Husband Sufficient Ground. Evidence of eye-witnesses and complainant disclosed instigation by Respondent No.2, warranting his addition as accused under Section 319 CrPC.

The Petitioner, Jagannath Dattu Torane, the original complainant, filed a Criminal Writ Petition challenging the order of the Additional Sessions Judg...

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High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

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Bombay High Court Grants Anticipatory Bail to Applicant in SC/ST Act Case Due to Lack of Public View Element. Alleged Caste-Based Insult Over Phone Not in Public View, Fails to Attract Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The applicant, Dr. Gulab Ganpat Kapgate, a Medical Officer, filed an application for anticipatory bail under Section 438 of the Code of Criminal Proce...

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Bombay High Court Quashes FIR in Atrocities Case Due to Lack of Public View Element and Civil Dispute Nature. Alleged Caste-Based Insult Inside Police Station Not in Public View Under Section 3(1)(x) of SC/ST Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.2/2012 reg...

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Bombay High Court Acquits Accused in SC/ST Act Case Due to Inconsistent Evidence and Absence of Public Witness. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The appeal was filed by Dnyaneshwar Maroti Bembde, Ramesh Motiram Chavan, and Pralhad Bapurao Bhale against their conviction and sentence under Sectio...

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Bombay High Court Quashes FIR in SC/ST Act Case for Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred Inside Office, Not in Public View Under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The applicant, Sharad Shankarrao Chavan, was working as Deputy Director (Research) in the Scheduled Tribe Certificates Scrutiny Committee, Gadchiroli....

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View Element. Alleged Caste-Based Insults Occurred Inside Police Station, Not in Public View, Hence Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 Not Attracted.

The applicants, thirteen individuals, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Co...