Bombay High Court
Neeta W/O Madhukar Gondane And ... vs State Of Mah. Thr. Ps Khaperkheda ... on 11 August, 2021
Bench: V. G. Joshi
6.A.Cri.Appel.273.2020.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.273 OF 2020
1. Smt Neeta w/o Madhukar Gondane,
Aged 40 years, Occ. Household
2. Suraj s/o Gangadhar Chaudhari,
Aged about 31 years, Occ. Private,
Both R/o. Dahegaon (Rangari),
Tah. Saoner, Dist. Nagpur. ..... APPELLANTS
// VERSUS //
1. State of Maharashtra through
Police Station Khaparkheda,
Dist. Nagpur.
2. Naresh s/o Manohar Gajbhiye
Aged 28 years, Occ. Service,
R/o. Dahegaon, Tah. Saoner,
Dist. Nagpur. .... RESPONDENTS
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Shri Rajesh S. Naik, Advocate for appellant.
Shri I. G. Damle, APP for respondent no.1/State.
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CORAM : VINAY JOSHI, J.
DATED : 11/08/2021
ORAL JUDGMENT :
Admit.
2. Heard finally with consent of both sides.
6.A.Cri.Appel.273.2020.odt
3. Apprehending to be arrested in Crime No. 172 of 2014
registered with Police Station, Khaparkheda, District Nagpur, for the
offences punishable under Sections 143, 147 and 149 of the Indian Penal
Code and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989. The appellants have prayed
for grant of pre-arrest protection. The State resisted the appeal by filing
reply/ affidavit. This Court has granted interim protection on
21.08.2020, which is prevailing till date.
4. The FIR discloses that the alleged incident took place on
16.09.2014, on the basis of which, police have registered crime for
commission of offences punishable under Sections 143, 147 and 149 of
the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is
alleged that on the date of occurrence number of persons including both
appellants interrupted the informant, beat him by fist blows, kicks and
abused in the name of caste. It is argued that there is no sufficient
material to infer essentials to constitute an offence under the SC/ST Act.
The allegations of beating are of general nature. As regards to alleged
abuses are concerned, they relates to appellant Neeta and one Namdev.
According to appellants, it is quite improbable that two persons would
abuse simultaneously in the same fashion. Moreover it requires
6.A.Cri.Appel.273.2020.odt
consideration whether the act was with intent to humiliate the person
belonging to backward class.
5. The occurrence is of the year 2014. The appellants have
approached to this Court in Criminal Application No.631 of 2014 with
651 of 2014 for quashing of FIR, in which this Court has granted interim
protection till the year 2019. In existing appeal the interim protection is
granted on 21.08.2020 on certain terms and conditions. There is no
complaint of misuse of liberty or pressurizing the prosecution witness.
Nothing is to be seized at the instance of applicants. Having regard to
the fact that the crime is very old and there is question about
applicability of the SC/ST Act, the appellants liberty can be protected.
6. In view of that following order:
(i) Criminal Appeal stands allowed. The impugned order dated
17.03.2020 passed by Additional Sessions Judge- 11,
Nagpur in Misc. Criminal Application No.590 of 2020, is
hereby quashed and set aside.
(iii) Ad-interim order dated 21.08.2020 is hereby made absolute
on same terms and conditions with modification that they
shall attend concerned Police Station as and when required.
JUDGE
Sarkate
