State Of Gujarat vs Ravjibhai Karamshibhai Patel
2021 Latest Caselaw 16146 Guj

   R/CR.MA/18291/2021                              ORDER DATED: 13/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC. APPLICATION NO. 18291 of 2021
                                 In
                 R/CRIMINAL APPEAL NO. 1490 of 2021
                               With
                 R/CRIMINAL APPEAL NO. 1490 of 2021
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                              STATE OF GUJARAT
                                    Versus
                        RAVJIBHAI KARAMSHIBHAI PATEL
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Appearance:
MS C. M. SHAH, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                               Date : 13/10/2021
                                ORAL ORDER

ORDER IN CR.MA NO.18291 OF 2021

Heard Ms. C. M. Shah, learned APP for the applicant- State.

According to her submission, the findings recorded in Para No.23 of the impugned judgment that the alleged incident of insulting first informant about his caste has not taken place in presence of any public present there, is erroneous and not in accordance with law. She has further submitted that the requirement under the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') for constituting offence under section 3(1)(r) of 'the Act' is that incident must have occurred within public view, it does not further require that anyone to view the same. Suffice it, if it is within the public view, one may have the opportunity to view the same. In short, it is

R/CR.MA/18291/2021 ORDER DATED: 13/10/2021

submitted that it is not a requirement that someone has to witness the said incident or he must have viewed that incident at public place. Not only that it is further submitted that so far as offence under section 3(2)(va) of 'the Act' requires no such necessary ingredient of offence that it is committed within a public view and therefore, the order of acquittal requires to be reconsidered. Hence, Special Leave to Appeal is granted. Present Criminal Misc. Application stands allowed.

ORDER IN CR.A NO.1490 OF 2021

ADMIT.

Bailable warrant in the sum of Rs.10,000/- (Rupees Ten Thousand only) each be issued against the respondent nos.1 and 2- original accused.

(UMESH A. TRIVEDI, J) MEHUL