Bombay High Court
Ganesh Motiram Lanjewar And ... vs State Of Maharashtra Thr. Police ... on 28 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
Judgment 1 apl502.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 502 OF 2018
1. Ganesh Motiram Lanjewar,
Aged about 44 years, Occupation :
Private
2. Premlal Ganesh Nagpure,
Aged about 47 years, Occupation :
Private
3. Vijay Ganesh Nagpure,
Aged about 38 years, Occupation :
Private
4. Rakesh Maniram Kadukar,
Aged about 30 years, Occupation :
Private
5. Akhilesh Gyanprakash Seth,
Aged about 42 years, Occupation :
Private
6. Sadashiv Rambhau Waghide,
Aged about 40 years, Occupation :
Private
7. Trithraj Dhannalal Baghele,
Aged about 37 years, Occupation :
Business,
8. Maniram Narayan Kadukar,
Aged about 56 years, Occupation :
Private
9. Pramod Shivlal Nagpure,
Aged about 30 years, Occupation :
Private
Applicant Nos. 1 to 9 is the Resident of
Katangi Kala, Tahsil and District :Gondia.
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Judgment 2 apl502.18.odt
10. Rajesh Anthony Lorner,
Aged about 44 years, Occupation:
Private, R/o. Civil Lines, Gondia,
Tahsil and District : Gondia.
.... APPLICANTS.
// VERSUS //
1. State of Maharashtra,
Through Police Station, Gondia
Gramin, Tahsil and District:Gondia.
2. Prakash S/o. Baldeo Ramteke,
Aged about 45 years, Occupation :
Private, R/o. Katangi Kala, Tahsil
and District : Gondia.
.... NON-APPLICANTS.
___________________________________________________________________
Shri V.S.Mishra, Advocate for Applicants.
Shri T.A.Mirza, A.P.P. for Non-applicant No.1/State.
Shri M.A.Randive, Advocate for Non-applicant No.2.
___________________________________________________________________
CORAM : Z.A.HAQ AND AMIT B. BORKAR, JJ.
DATED : JANUARY 28, 2021.
ORAL JUDGMENT : (Per : Amit Borkar, J.)
1. Heard.
2. RULE. Rule is made returnable forthwith.
3. This is an application under Section 482 of the Code of
Criminal Procedure challenging Charge-sheet No.23 of 2009, dated 11 th
February 2009, filed with Judicial Magistrate First Class, Gondia in pursuance
of Crime No.281 of 2008 for the offences punishable under Sections 147,
Judgment 3 apl502.18.odt
148, 149, 325 and 427 of the Indian Penal Code read with Section 3(1)(x) of
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (hereinafter referred to as "the Act of 1989") and Section 135 of the
Maharashtra Police Act and the Rules.
4. The First Information Report came to be registered against the
applicants with the accusation that on 28/01/2008 at about 10:30 p.m. the
applicants entered the house of the non-applicant No.2 and assaulted him. It
is further alleged that the applicants damaged the property of non-applicant
No.2 worth Rs.25,000/-. It is further alleged that in the assault right hand of
the non-applicant No.2 was fractured. After the investigation, charge-sheet
came to be filed against the applicants.
5. The applicants have therefore, challenged the filing of charge-
sheet and further proceedings pending before the trial Court by way of filing
the present application.
6. This Court on 14/06/2018 issued notice to the non-applicants.
The non-applicant No.1, in pursuance of the notice, filed reply and it is stated
that on 28/01/2018 the applicants assaulted the non-applicant No.2 and
damaged property of the non-applicant No.2. It is stated that during the
course of investigation the statements of witnesses were recorded which
proves complicity of the applicants in the offences alleged against them and
therefore, the non-applicant No.1 prayed for dismissal of the application.
Judgment 4 apl502.18.odt
7. The main thrust of the submissions on behalf of the applicants
is to the effect that even if the allegations in the First Information Report are
accepted as correct, none of the offence under the provisions of the Act of
1989 are made out. The statements which are recorded during the course of
investigation are by way of an afterthought and in the First Information
Report there is absolutely no allegation as regards the offence punishable
under the Act of 1989.
8. In support of its submission the learned Advocate for the
applicants relied upon the unreported judgment of this Court in Criminal
Application No. 4314 of 2013, dated 23 rd April 2014 and submitted that the
facts of the said case are similar to the facts of the present case and the First
Information Report and Charge-sheet to the extent of the offence under the
provisions of the Act of 1989 deserve to be set aside.
9. We have carefully considered the contents of the First
Information Report. The allegations in the First Information Report are only
to the extent of the offences under the provisions of the Indian Penal Code.
There is absolutely no allegation in the First Information Report as regards
the offences which are alleged against the applicants under the provisions of
the Act of 1989. We are, therefore, satisfied that in absence of the allegation
making out offences punishable under the provisions of the Act of 1989, the
case would be covered by Clause (1) of Paragraph No.102 in the case of
State of Haryana ..vs..Bhajan Lal , reported in 1992 Supp.(1) SCC 335. In
Judgment 5 apl502.18.odt
absence of the allegations in the First Information Report under the
provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 prosecution against the applicants cannot be allowed to
be proceeded. We are, therefore, satisfied that continuation of the
proceedings under the provisions of the Act of 1989 against the applicant
would amount to abuse of process of the Court.
10. We, therefore, pass the following order:
Charge-sheet No.23 of 2009, dated 11 th February 2009, filed
against the applicants in the Court of Judicial Magistrate First Class, Gondia
in pursuance of Crime No.281 of 2008 to the extent of offence punishable
under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 is quashed and set aside.
It is clarified that in so far as the offences under the provisions
of the Indian Penal Code are concerned, the trial shall proceed in accordance
with law.
Rule is made absolute in the above terms.
CRI.APPLN.NO.998/2018.
In view of disposal of Criminal Application No.502 of 2018, the
instant application praying for time to file typed copies of faint pages does
not survive, hence, it is disposed of.
(AMIT B. BORKAR, J) (Z.A.HAQ, J)
RRaut..
