Bombay High Court
Kalpana W/O Mohan Sardar vs State Of Mah. Thr. Pso Ps ... on 19 October, 2023
Bench: G. A. Sanap
2023:BHC-NAG:15477
1 APEAL534.23 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPEAL NO. 534 OF 2023
APPLELLANT : Mrs. Kalpana W/o Mohan Sardar,
Aged 46 years, Occu. Household
R/o Shelu Vetal, Tq. Murtizapur,
Dist. Akola
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Murtizapur Gramin,
Dist. Akola.
2] Waman S/o Laxman Wankhade,
Age 43 years, Occu. Agriculturist,
R/o Shelu Vetal, Tq. Murtizapur,
Dist. Akola.
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Mr. Rajnish R. Vyas, Advocate for the appellant.
Mr. A. M. Kadukar, A.P.P. for Respondent no.1/State.
Ms. Falguni Badani, Advocate appointed for respondent no.2.
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CORAM : G. A. SANAP, J.
DATED : OCTOBER 19, 2023.
ORAL JUDGMENT
1. Heard.
2. ADMIT. Taken up for final disposal forthwith by the
consent of the learned advocates for the parties.
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3. In this appeal filed under Section 14-A of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as "the Atrocities Act" for short), challenge is to
the order dated 26.07.2023, passed by learned Additional Sessions
Judge, Akola, whereby learned Additional Sessions Judge rejected the
application made by the appellant for anticipatory bail.
4. On the basis of the report lodged by respondent no.2, a
crime bearing No. 226/2023 came to be registered against the appellant
at Police Station, Murtizapur Gramin, Dist Akola for the offences
punishable under Section 182 of the Indian Penal Code and under
Section 3(1)(q) of the Atrocities Act. It is the case of the appellant that
the respondent no.2 had lodged false report against him with an
intention to cause harassment to him. On the given date, he was not at
his place. The appellant knew before lodging the report that he belong
to Scheduled Caste and the act was, therefore, intentional.
5. Learned advocate Mr. R.R.Vyas for the appellant submitted
that in this case, on receipt of the report from the appellant, necessary
enquiry was conducted and police, by letter dated 21.05.2023,
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informed the appellant that neither cognizable or non-cognizable
offence was disclosed and her complaint was filed. Learned advocate
submitted that the police have not concluded that the report lodged by
the appellant was false and frivolous. Learned advocate submitted that
the respondent no.2 is habitual offender. He has produced on record a
chart of the crimes registered against respondent no.2. Learned
advocate submitted that in terms of the conditions imposed by this
Court while granting interim protection, the appellant has cooperated
the police. It is submitted that his custodial interrogation is not
necessary. Learned advocate submitted that perusal of the FIR at its
face value, does not disclose commission of offence under Section 3(1)
(q) of the Atrocities Act. Learned advocate, therefore, submitted that
this appeal is maintainable.
6. Learned Additional Public Prosecutor Mr. A.M. Kadukar
submitted that in view of the conditions imposed by this Court while
granting interim protection, the appellant has cooperated with the
police in the investigation. Learned APP submitted that the
investigation is at preliminary stage. Learned APP submitted that the
facts stated in the FIR, prima facie, show commission of offence under
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Section 3(1)(q) of the Atrocities Act. Learned APP submitted that the
order passed by learned Additional Sessions Judge is, therefore, in
accordance with law.
7. Learned advocate Ms. Falguni Badani appointed for
respondent no.2/victim has adopted the submissions made by learned
APP.
8. I have heard Mr. R.R. Vyas, learned advocate for the
appellant, Mr. A.M. Kadukar, learned Additional Public Prosecutor for
respondent no.1/State and Ms. Falguni Badani, learned advocate
appointed for respondent no.2. Perused the record and proceedings.
9. It is seen that on the report of the appellant, dated
08.02.2023 made to the Superintendent of Police, Akola, the appellant
was not informed that the enquiry conducted by the police revealed
that it was false and frivolous. It is seen that the appellant was informed
that the offence, either cognizable or non-cognizable, was not disclosed.
A copy of said complaint is on record. The communication dated
02.05.2023 addressed by Camp Police Station, Murtizapur Gramin is
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silent about any enquiry conducted by the police as well as the material
collected during the course of enquiry, to come to a conclusion that the
offence was not disclosed. It is the case of the respondent no.2 that the
complaint was false and frivolous and therefore, the offence under
Section 3(1)(q) of the Atrocities Act would not be applicable.
10. It is to be noted that the intention/mens rea of the accused
is very vital and important factor. Section 3(1)(q) of the Atrocities Act
makes any act of giving false or frivolous information to any public
servant with an intention to cause the public servant to use his lawful
power to cause injury or annoyance of a member of a Scheduled Caste
or a Scheduled Tribe. Sub clause (q) has two parts. First part is with
regard to the false or frivolous information to a public servant and as per
the second part, such information must cause the public servant to use
his lawful power to cause injury or annoyance to a member of
Scheduled Caste or Scheduled Tribe. The plain reading of this
provision would indicate that such an act must be done only with an
intention to cause injury or annoyance to a member of Scheduled Caste
or Scheduled Tribe. Such an intention must be spelt out from the
report.
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11. It is seen in this case that the parties have lodged reports
against each other. In such cases, the Court has to be very careful in
assessing the material on record. If the material on record creates a
doubt about genuineness of the case, then the Court has to consider the
prayer seeking relief approprietly. In this case, even if the allegations in
the FIR are taken at their face value, it would not show that any
intention, as required, has been spelt out. The report given by
respondent no.2 is under investigation. After investigation, the police
would be required to take a final call. Respondent no.2 has criminal
antecedents. A chart of the offences registered against him has been
placed on record. In the facts and circumstances, in my view, the
appellant has made out a case to grant her protection. The appellant,
during pendency of this appeal, has cooperated the police. As such, I do
not see any reason to reject the appeal.
12. Accordingly, the Criminal Appeal is allowed.
(i) The impugned order dated 26.07.2023 passed by learned
Additional Sessions Judge, Akola in Criminal Anticipatory Bail
Application No. 477/2023 is quashed and set aside.
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(ii) The application made by the appellant for anticipatory bail
is allowed.
(iii) Interim anticipatory bail granted to appellant - Mrs.
Kalpana W/o Mohan Sardar, on 09.08.2023 is confirmed on the same
terms and conditions.
(iv) Fees of learned advocate Ms. Falguni Badani appointed for
respondent no.2 be paid to her as per the rules.
13. The appeal stands disposed of.
( G. A. SANAP, J. )
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 20/10/2023 18:35:26
