Sumedh S/O. Ajay Dolke vs The State Of Mah. Thr Pso ...
2021 Latest Caselaw 11632 Bom

                                          1                               32-apl-577-215-21j.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APL) NO. 577 OF 2021
                                 WITH
               CRIMINAL APPLICATION (APL) NO. 215 OF 2021


 CRIMINAL APPLICATION (APL) NO. 577 OF 2021

  Sumedh S/o. Ajay Dolke,
  Aged about 21 years, Occ. Student,
  R/o. Mangurda, Tah. Kelapur,
  Dist. Yavatmal                                                           . . . APPLICANT

                         ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Pandharkawada Police Station,
     Kelapur, Dist. Yavatmal.

  2. Sau. Leelabai W/o. Tulsiram Tekam,
     Aged about 35 years, Occ. Fishing,
     R/o. Mucchi Poda Gavraee,
     Tah. Kelapur, Dist. Yavatmal.                                 . . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri S. J. Parate and Shri U. P. Dable, Advocate for applicant.
 Shri T. A. Mirza, A.P. P. for non-applicant no. 1/State.
 -----------------------------------------------------------------------------------------------
                                              WITH

 CRIMINAL APPLICATION (APL) NO. 215 OF 2021

  Ajay Dolke,
  Aged about 52 years, Occ. Business,
  R/o. Mangurda, Tah. Kelapur,
  Dist. Yavatmal                                                           . . . APPLICANT
                 ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Pandharkawada Police Station,
     Kelapur, Dist. Yavatmal.


::: Uploaded on - 30/08/2021                                ::: Downloaded on - 08/10/2021 23:45:15 :::
                                           2                               32-apl-577-215-21j.odt

  2. Sau. Leelabai W/o. Tulsiram Tekam,
     Aged about 35 years, Occ. Fishing,
     R/o. Mucchi Poda Gavraee,
     Tah. Kelapur, Dist. Yavatmal.                                 . . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri S. J. Parate and Shri U. P. Dable, Advocate for applicant.
 Shri T. A. Mirza, A.P. P. for non-applicant no. 1/State.
 ------------------------------------------------------------------------------------------------

                  CORAM :- V. M. DESHPANDE AND
                           AMIT B. BORKAR, JJ.

DATED :- 24.08.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Rule. Rule is made returnable forthwith. Heard finally by

consent of the parties.

3. Since, the subject matter of both the Criminal Applications

is the same First Information Report (FIR), both these applications are

being disposed of by common judgment.

4. The applicant in Criminal Application (APL) No.

517/2021 is accused no. 1 and applicant in Criminal Application (APL)

No. 215/2021 is accused no. 2 in the FIR bearing no. 502/2020, dated

15.07.2020, which came to be registered with the non-applicant no. 1-

Police Station with the accusation that the non-applicant no. 2 was

fishing in tank, the accused no. 1 assaulted the informant, her husband

3 32-apl-577-215-21j.odt

and son and threatened to kill the informant. It is also alleged that the

accused no. 2 threatened the informant that she can't do anything to

the accused persons. It is also alleged that the accused no. 1 abused

the informant in the name of caste during verbal fight and offence

punishable under Sections 294, 354, 506 read with Section 34 of the

Indian Penal Code and under Sections 3(1)(r), 3(1)(s), 3(1)(w)(i),

3(1)(w)(ii) and 3(2)(va) of the Scheduled Caste and the Scheduled

Tribes (Prevention of Atrocities) Act,1989 (in short, "the Act of 1989")

came to be registered against both the accused.

5. The applicants have therefore challenged the registeration

of the FIR against them by way of present applications. This Court on

22.06.2021 issued notice to the non-applicants. The office note dated

06.07.2021 shows that the non-applicant no. 2 is served. The matter

was called out on 09.07.2021 but, none appeared for the non-

applicant no. 2. Again on 28.07.2021, the present matter appeared on

the Board but, since no one was appearing for the non-applicant no. 2,

in order to give one chance to the non-applicant no. 2, the matter was

adjourned for two weeks.

6. On 13.08.2021, again no one appeared for the non-

applicant no. 2. The learned A.P.P. was directed to produce all the

papers of the investigation in relation to the FIR No. 501/2020. Today,

4 32-apl-577-215-21j.odt

when the matter was called out, again none appears for the non-

applicant no. 2.

7. With the assistance of learned Advocate for the applicants

and learned A.P.P. for the non-applicant no. 1/State, we scrutinized the

material produced by the applicants, the applications and the case

papers submitted by the learned A.P.P. for State.

8. On scrutiny of the applications alongwith the material

produced on record by the Investigating Agency, it prima facie appears

that the accused no. 1 had gone to the fishing lake alongwith friends to

see birds, when the informant alongwith her son and husband

mercilessly beaten the accused no. 1 and therefore, the accused no. 1

became unconscious. The accused no. 1 was taken to Sub-District

Hospital, Pandharkawada and was then referred to Shri Vasantrao Naik

Government Medical College & Hospital, Yavatmal for treatment. The

Annexure-B to the Criminal APL No. 577/2021 is the certificate issued

by the Sub-District Hospital, Pandharkawada, which shows that the

applicant had injuries on his head, ear, right hand and on his back. It

also appears that that the accused no.1 suffered injuries like fracture

in the right arm and damage to curtains of his ear. The accused no. 2,

therefore filed the FIR bearing No. 501/2020 at 4.39 p.m. on

15.07.2020, which is the first in point of time than the impguned FIR.

5 32-apl-577-215-21j.odt

9. We have also carefully perused the impguned FIR. Taking

into consideration the allegations made against the appliants in both

the applications, we are satisifed that the allegations are vague in

nature and do not spacify the details of the incident. We are satisfied

that filing of the impugned FIR lodged by the non-applicant no. 2 is

not a legitimate prosecution but counter-blast of the FIR lodged by the

accused no. 2 against the non-applicant no. 2, her husband and son.

10. Insofar as the allegations under the provisions of the Act

of 1989 is concerned, there is a considerable delay of 9 days and the

allegations made against the accused nos. 1 and 2 are vague in nature

and are not sufficient to fulfil the ingredients of the offences lodged

against both the accused under the Act of 1989. We, are therefore

satisfied that continuance of the present proceeding against the

applicants, in both the applications, would amount to abuse of process

of Court.

11. We, therefore, pass the following order:-

First Information Report no. 502/2020, dated 15.07.2020

and charge-sheet bearing no. 748/2020, dated 23.10.2020 registered

against the applicants with the non-applicant no. 1-Police Station for

the offence under Sections 294, 354, 506 read with Section 34 of the

Indian Penal Code and under Sections 3(1)(r), 3(1)(s), 3(1)(w)(i),

3(1)(w)(ii) and 3(2)(va) of the Scheduled Caste and the

6 32-apl-577-215-21j.odt

Scheduled Tribes (Prevention of Atrocities) Act,1989 is hereby quashed

and set aside.

Rule is made absolute in the above terms.

                               JUDGE                                  JUDGE




RR Jaiswal