Bombay High Court
Shri. Chandu Gajanan Margonwar ... vs State Of Maharashtra Thr. Police ... 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. 907 OF 2016
1. Shri Chandu Gajanan Margonwar,
Aged 40 years, Occ. Ex.Sarpanch,
2. Pandurang Pochuji Kankalwar,
Aged 43 years, Occ :Agriculturist
3. Sau.Vaijanti Arun Margonwar,
Aged 45 years, Occ :Agriculturist.
4. Sunil Yadav Pogulwar,
Aged 40 years, Occ :Service
5. Shri Purushottam Laxman Chudhari,
Aged 43 years, Occ. Agriculturist
6. Govinda Gundji Komawar,
Aged 40 years, Occ. Agriculturist
7. Rushi Pochu Karhewar,
Aged 43 years, Occ. Agriculturist
8. Shri Suresh Kisan Zade,
Aged 45 years, Occ. Agriculturist
9. Tirupati Lachhaji Gaddamwar,
Aged 40 years,
Occ:Agriculturist
10. Smt. Shobha Moreshwar Jilpelliwar,
Aged 42 years, Occ. Agriculturist
11. Sau. Sangita Anil Margonwar,
Aged 39 years, Occ. Agriculturist
12.Shakuntala Deepak Telkuntwar,
Aged 40 years, Occ:Agriculturist
13. Anil Gajanan Margonkar,
Aged 42 years, Occ :Agriculturist
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14. Rushi Bhima Puttawar,
Aged 45 years, Occ :Agriculturist
15. Munna Balaji Kotgale,
Aged 27 years, Occ :Agriculturist
16. Gurudas Sonrao Raut,
Aged 52 years, Occ :Agriculturist
17. Gajanan Keshav Aaknurwar,
Aged 42 years, Occ Agriculturist
18. Sushila Yella Narlewar,
Aged 45 years, Occ Agriculturist
All R/o Bembad, Tahsil Mul
District :Chandrapur. . . APPLICANTS
...V E R S U S..
1. State of Maharashtra,
Through Police Station Officer,
Mul, Tahsil Mul,
District Chandrapur
2.Sau. Chaya Arun Sedam,
Aged about 35 years, Occ. Social Worker,
R/o Chinchala, Tal.Mul,
District : Chandrapur. NON-APPLICANTS
Shri Amol S. Mardikar, Advocate for the Applicants.
Ms. M. Deshmukh, Additional Public Prosecutor for the non-applicant
no.1.
Shri N.S.Khandewale, 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.) :
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1. By this application under Section 482 of the Code of
Criminal Procedure, the applicants have challenged registration of the
First Information Report No.33/2016 registered with the non-applicant
no.1 - Police Station for the offences punishable under Sections 143,
147, 149, 504, 509, 323 and 506 of the Indian Penal Code and under
Section 3 (1) (xi) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
2. First Information Report came to be registered against the
applicants with the accusations that on 21.1.2016 at the time of
measurement of immovable property, there was dispute between the
non-applicant no.2 and the applicants. It is alleged that there was
altercation between the non-applicant and the applicants in relation to
measurement of the property and, therefore, the applicant no.1
assaulted the non-applicant no.2 and abused her in the name of caste. It
is further alleged that at that time, many citizens of the village were
present.
3. The applicant, therefore, challenged registration of the First
Information Report against them by filing the present application. This
Court on 27th December, 2016 issued notice to the non-applicants and
directed not to take coercive steps against the applicants. This Court on
22.3.2017 issued Rule and granted interim relief not to take coercive
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steps against the applicants and not to file charge-sheet against the
applicants.
4. The non-applicant no.1, in pursuance of the notice filed its
reply and it is stated that the applicant no.1 assaulted the non-applicant
no.2 and abused her in the name of caste in public view. It is also stated
that there were 20 persons accompanying the applicant no.1, who had
taken part in the assault. It is, therefore, prayed that the Criminal
Application deserves to be dismissed.
5. During the course of arguments Shri Amol Mardikar,
learned Advocate for the applicants stated that the applicant no.1 does
not want to press relief as prayed and he wants to withdraw his
challenge to the registration of the First Information Report, qua
applicant no. 1.
6. We have carefully considered the contents of the First
Information Report as against the applicant nos.2 to 18. From the
allegations in the First Information Report, it appears that there are no
allegations against the applicant nos.2 to 9 and 11 to 18 in relation to
the ingredients of offence under the provisions of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. We are,
therefore, satisfied that the continuation of the proceedings under the
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provisions of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 against the applicant nos. 2 to 9
and 11 to 18 would amount to abuse of process of process of Court.
7. Insofar as the applicant no.10 is concerned, in connected
application in relation to challenge of counter F.I.R. the Investigating
Agency has filed reply dated 11.2.2016. The Investigating Agency in
paragraph 5 of the said reply has stated that the applicant no.10 is not
accused in crime no.33 of 2016. In view of the said statement of the
Investigation Agency in Criminal Application No.76/2016, we are
satisfied that the continuation of the proceedings against the applicant
no.10 in relation to Crime No.33/2016 would amount to abuse of
process of Court. We, therefore, pass the following order:-
Order
(i) The Criminal Application of the applicant no.1 is dismissed as
withdrawn with liberty to adopt appropriate proceedings in case
charge-sheet is filed against the applicant no.1.
(ii) F.I.R. No.33/2016 registered with the no-applicant no.1 - Police
Station for the offence punishable only under Section 3 (1) (x) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 in relation to the applicant nos. 2 to 9 and 11 to 18 is
quashed , investigation in relation to offences punishable under
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Sections 143, 147, 149, 504, 509, 323 and 506 of the Indian Penal Code
shall continue in accordance with law.
(iii) F.I.R. No.33/2016 registered with the non-applicant no.1 - Police
Station for the offences punishable under Sections 143, 147, 149, 504,
509, 323 and 506 of the Indian Penal Code and Section 3 (1) (x) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 against the applicant no.10 is quashed.
Rule is made absolute in the above terms.
JUDGE JUDGE
ambulkar
