Bombay High Court
Dyandeo Damu Patil vs The State Of Maharashtra And Anr on 29 June, 2016
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATEJURISDICTION
CRIMINAL APPLICATION NO.2814 OF 2007
Dnyandeo Damu Patil
Age 57 Years, Occ. Head Master,
R/at Tehere, Tal. Malegaon
Dist. Nashik ..... Applicant
V/s
1. State of Maharashtra,
2. Station House Officer,
Chavni Police Station,
Malegaon, Dist. Nashik ..... Respondents
Mr. N.R. Bubna for the Applicant.
Dr. F.R. Shaikh, APP for Respondent No.1/State.
Mrs. Suman Ratnakar Gaikwad present in Court.
Mr. Navnath Dadasaheb Kadam, Police Naik present in Court.
CORAM : A.S. OKA &
A.A. SAYED, JJ.
DATED : 29 JUNE 2016
ORAL JUDGMENT: (PER A.S. OKA, J.)
1 This Application was called out for final hearing on 10 June 2016.
On that day Smt. Sumanbai Ratnakar Gaikwad appeared before the
Court and tendered an Affidavit dated 19 September 2009.
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2 The prayer in this Application under section 482 of Code of
Criminal Procedure, 1973 (for short CrPC) is for quashing First
Information Report being CR No.I-3045 of 2007 registered with Chavni
Police Station in District Nashik for the offences punishable under section
3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act and section 5 of the Protection of Civil Rights Act. In the
said Affidavit, Smt. Gaikwad has stated that the Complaint was lodged by
her due to misunderstanding and on the instigation of the others and
therefore, she has recorded her no objection for grant of prayers made in
the Application.
3 We have perused the statement of Smt. Gaikwad dated 17 August
2007 on the basis of which the First Information Report was registered.
She claims that she was residing with her husband at Ozar in Nashik as
her husband was employed in Hindustan Aeronautic Ltd. She claims that
she belongs to Hindu Bhilla community. Her case is that in June 2007
she visited Samata Vidyalaya at Tehere for securing admission to her
grand-daughter and grand-son. She stated that in June 2007, she could
not meet the Principal of the School. Therefore, in the first week of July
2007, she visited the said School along with her relatives and members
of the local Village Panchayat. She has alleged that the Head Master met
her and refused to admit her grand-children. The allegation is that not
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only that the Head Master refused to admit her grand-children but
abused her by taking name of her caste.
4 The present Application is filed by the Head Master of the said
School. The case made out in the Application is that even the date on
which the alleged incident took place is not mentioned in the statement
of Smt. Gaikwad. It is stated that the Applicant was not concerned with
the process of admission as a three member committee was appointed
by the Management to do the admission related work. It is pointed out
that for few days in July 2007, he was on leave. Reliance is placed on
letter dated 4 June 2007 which records that a three member committee
was appointed to conduct the process of admission.
5 We have perused the statement on the basis of which First
Information Report was registered. Going by the said statement Smt.
Gaikwad, she approached the school after the commencement of term in
June 2007. After June 2007, she went to the school in the first week of
July when the alleged incident occurred. The Complaint is field belatedly
on 17 August 2007. On plain reading of the statement of Smt. Gaikwad,
by taking the same as correct, no offence as alleged against the
Applicant is made out.
6 As far as Affidavit of Smt. Gaikwad is concerned, there is a report
dated 28 June 2016 submitted by Shri I.V. Vishwakarma, Inspector of
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Police, Chavni Police Station, Malegaon, District Nashik who has verified
the identity of Smt.Gaikwad who is present in the Court today.
7 Shri Navnath Dadasaheb Kadam, Police Naik (431) working in the
Chavni Police Station, Malegaon, District Nashik is present today who
states that he personally identified Smt. Sumanbai Ratnakar Gaikwad
who is present today as the First Informant.
8 Even without going into the Affidavit filed by Smt.Gaikwad, we are
of the view that, this is a fit case to quash the proceedings by exercising
the power under section 482 of CrPC. Accordingly, we pass following
order:
i) Rule is made absolute in terms of prayer clause (a) which reads
thus:
"(a) the records and proceedings of impugned C.R.
No.I-3045/2007 registered by Chavani Police Station
against the Applicant be called for and after examining
the legality, validity and propriety thereof the impugned
C.R. No.I-3045/2007 registered by Chavani Police
Station against the Applicant be quashed and set
aside."
ii) All concerned to act upon an authenticated copy of this order.
(A.A. SAYED, J.) (A.S. OKA, J.)
katkam
