Bombay High Court
Shankar S/O Motiram Turankar And ... vs The State Of Maharashtra, Thr. Pso ... on 1 October, 2021
Bench: V.M. Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 543/2021
1. Shankar s/o Motiram Turankar,
aged 58 years, Occ. Assistant Teacher.
2. Pratik s/o Shankar Turankar,
aged about 25 years, Occ. Student.
Both r/o Gadchandur, Tq. Korpana,
Dist. Chandrapur. .....APPLICANTS
...V E R S U S...
1. The State of Maharashtra through
Police Station Officer, P. S. Gadchandur,
Tq. Korpana, Dist. Chandrapur.
2. Sanjay Gosai Kursange,
aged about 53 years, r/o Ward No.6,
Gadchandur, Tq. Korpana,
Dist. Chandrapur. ...NON APPLICANTS
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Ms Kirti Satpute, Advocate for applicants.
Mr. S. S. Doifode, A.P.P. for non applicant no.1-State.
Mr. V. Kulsunge, Advocate for non applicant no.2.
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CORAM:- V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE:- OCTOBER 1, 2021
ORAL JUDGMENT (Per: Amit B. Borkar, J.)
1. Rule. Rule is made returnable forthwith. Heard finally
consent of learned Advocates for the parties.
2. This application under Section 482 of the Code of
Criminal Procedure is filed challenging registration of First
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Information Report No.70/2021 for the offence punishable under
Sections 294, 506 read with Section 34 of the Indian Penal Code.
During the course of hearing, it is revealed that offence punishable
under Sections 3 (1) (r) (s) and 3 (2) (va) of the Scheduled Caste
and Scheduled Tribe (Prevention of Atrocities) Act, 1989 are
added on 26.03.2021.
3. FIR came to be registered against the applicants with
an accusation that on 25.02.2021, the applicants allegedly abused
non applicant no.2 and threatened to kill him. It is alleged that
the incident took place at a construction site and the contractor
and three persons named in the FIR were present. During the
course of hearing, it is stated that initially the offence was not
registered under the provisions of the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act. But it is only after
non applicant no.2 made a complaint to the higher authority, the
provisions of the said Act were added in the FIR.
The applicants have therefore challenged registration of
the FIR by filing the present application.
4. This Court on 10.06.2021 issued notice to the non
applicants. Non applicant no.1 has filed reply on 22.06.2021
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thereby stating that the investigating agency has recorded
statement of witnesses who have witnessed the incident and
supported case of non applicant no.2.
5. Non applicant no.2 has filed an affidavit dated
16.09.2021, stating that alleged incident took place on
25.02.2021, between 05:45 to 06:00 p.m. and the non applicant
no.2 was abused in the name of caste in presence of other
persons. Therefore, ingredients of offence are fulfilled.
6. We have carefully scrutinized the copy of FIR along
with reply filed by the non applicants. Mr. Doifode, learned A.P.P.
also produced case diary on record to show progress of
investigation carried out by the investigating agency. The case
diary discloses the statements of witnesses present at the time of
incident. From the FIR and case diary, it appears that the FIR
does not contain any abuses in the name of caste. It is only after
non applicant no.2 approached the higher authority, offence under
the provisions of SC & ST (Prevention of Atrocities) Act was added
in the FIR. On overall consideration of the case diary, which
contains the statements of witnesses along with the FIR, we are
satisfied that the essence of ingredients of offence under Sections
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3 (1) (r) (s) and 3 (2) (va) of the Act are not fulfilled.
Insofar as the remaining offence i.e. under Sections 294
and 506 of the IPC are concerned, the essential requirement of
causing obscene act at the public place or residential place or
uttering of any obscene sound near public place, is not at all
fulfilled. We are, therefore, satisfied that the continuation of the
proceedings against the applicants would amount to the abuse of
process of Court. We, therefore, pass the following order.
ORDER
(i) The application is allowed.
(ii) First Information Report No.70/2021 dated
25.02.2021 registered with Police Station, Gadchandur,
for an offence punishable under Sections 294, 506 read
with Section 34 of the Indian Penal Code and Sections 3
(1) (r) (s) and 3 (2) (va) of the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act is
quashed and set aside.
Rule is made absolute in the above terms.
JUDGE JUDGE
kahale
