Bombay High Court
Vasudev Narayan Shende And Others vs The State Of Maharashtra, Through ... on 24 February, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 76 OF 2016
1.Vasudev Narayan Shende,
aged about 65 years, Occ. Agriculture,
R/o village Bembal, Tal: Mul,
Dist: Chandrapur.
2. Smt. Chhaya Arun Sidam
aged about 35 years, Occ. Social work,
R/o village Chichala, Tal: Mul,
Dist: Chandrapur.
3. Smt. Paromita Goswami
aged about 46 years, Occ. Agriculture,
R/o village Chitegaon, Tal: Mul,
Dist: Chandrapur.
4. Vijay Prabhakar Sidhawar
aged about 42 years, Occ. Social Work,
R/o Mul,
Chandrapur
5. Smt. Vachchalabai Latare,
aged about 40 years, Occ. Agriculture,
R/o village Nandgaon, Mul,
Chandrapur.
6. Haridas Narayan Shende
aged about 48 years, Occ. Agriculture,
R/o village Bembal, Mul,
Chandrapur.
7.Daulat Narayan Shende
aged about 50 years, Occ. Agriculture,
R/o village Bembal, Mul,
Chandrapur.
8.Ramesh Narayan Shende
aged about 46 years, Occ.Peon in private
company, r/o Gajanan Mandir Ward,
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Chandrapur.
9. Harshal Haridas Shende
aged about 22 years, Occ. Student,
R/o village Bembal, Mul,
Chandrapur.
10.Niranjana Vasudeo Shende
aged about 55 years, Occ. Agriculture,
R/o village Bembal, Mul,
Chandrapur.
11.Kalpana Haridas Shende
aged about 37 years, Occ. Agriculture,
R/o village Bembal, Mul,
Chandrapur.
12.Ku. Sunita Haridas Shende,
aged about 17 years, Occ. Household work.
R/o village Bembal, Mul,
Chandrapur.
13.Janabai Narayan Shende,
aged about 85 years, Occ. ni.,
R/o village Bembal, Mul,
Chandrapur
14.Smt. Renuka Diwakar Kadwalwar,
aged about 27 years, Occ. Agriculture,
R/o village Bembal, Mul,
Chandrapur.
15.Usha @ Uma Ramesh Shende,
aged 36 years, Occu. Household work,
R/o Gajanan Mandir Ward,
Chandrapur
. . APPLICANTS
...V E R S U S..
1. The State of Maharashtra,
through Police Station Officer,
Police Station Mul,
District Chandrapur.
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2. Smt. Shobha Moreshwar Jilpelliwar,
Aged about 40 years,
Occ.Labourer, . . . RESPONDENTS
Occ. Lbourer,
R/o village Bembal, Mul,Chandrapur.
Shri N.S.Khandewale, Advocate for the applicants.
Ms. M. Deshmukh, Additional Public Prosecutor for the non-applicant
no.1.
Shri Amol S. Mardikar, Advocate for the non-applicant no.2.
CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED : 24.02.2021.
ORAL JUDGMENT (PER : AMIT B. BORKAR, J.) :
1. By this application under Section 482 of the Code of
Criminal Procedure, the applicants have challenged registration of the
First Information Report No.34/2016 dated 22.1.2016 registered with
the non-applicant no.1 - Police Station for the offences punishable under
Sections 143, 147, 323, 504 and 509 of the Indian Penal Code.
2. First Information Report came to be registered against the
applicants with the accusations that the applicants at the time of
measurement of immovable property, abused the non-applicant no.2 in
the name of caste and assaulted the non-applicant no.2.
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3. The applicants have therefore, filed present application
challenging registration of the First Information Report against them.
This Court on 5.2.2016, issued notice and granted ad-interim relief
thereby staying further investigation in Crime No.34/2016 registered
with the non-applicant no.1- Police Station.
4. The non-applicant no.1 in pursuance of the notice filed its
reply and it is stated that on perusal of the report lodged by the non-
applicant no.2, she has made allegations against the applicant nos.1, 2,
5 and 15 abusing the non-applicant no.2 in the name of the caste.
5. Shri Khandewale, learned Advocate for the applicants
stated that he has instructions not to press relief of quashing of the First
Information Report in relation to applicant nos. 1, 2, 5 and 15 and he
may be allowed to withdraw the Criminal Application in relation to the
applicant nos. 1, 2, 5 and 15 .
6. We have carefully considered the contents of the First
Information Report in relation to the allegations against the remaining
applicants. The Investigating Agency in paragraph 9 of the reply has
stated that on perusal of the report lodged by the non-applicant no.2
has made allegations only against the accused nos.1, 2, 5 and 15 in
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relation to offence under the provisions of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
7. In view of the said statement in the affidavit-in-reply, we
are satisfied that the First Information Report is required to be quashed
against the applicant nos. 3, 4, 6 to 14 in relation to offence under the
provisions of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989. Insofar as the offences under the
provisions of the Indian Penal Code, we are satisfied that the
prosecution will be have to prove its case, in case the prosecution
decides to file Charge-sheet against the applicant nos.3, 4, 6 to 14.
We, therefore, pass the following order:-
ORDER
(i) F.I.R. No.34/2016 registered with the non-applicant no.1 - Police
Station for the offence punishable under Section 3 (1) (x) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 in relation to the applicant nos. 3, 4, 6 to 14 is quashed and
set aside.
(ii) The non-applicant no.1 is at liberty to proceed with the
investigation in relation to the alleged offences under Sections 143,
147, 323, 506 and 509 of the Indian Penal Code against the applicant
nos.3, 4, 6 to 14.
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(iii) The applicant nos.1, 2, 5 and 15 are allowed to withdraw
present criminal application challenging registration of the First
Information Report with liberty to adopt the proceedings in case
charge-sheet is filed against them.
Rule is made absolute in the above terms.
JUDGE JUDGE
ambulkar
