Bombay High Court
Anilsingh Dashrathsing Gautam vs State Of Mah. Thr. Pso Ps Pusad City Tah. ... on 18 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10621-DB
5-apl 803-20j.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 803 OF 2020
Anilsingh Dashrathsing Gautam, Aged about
60 years, Occup.Retired on the post of Police
Inspector, R/o, C/o. S.B.Rode, Near Haji
Bangla, Darshan Residency, Hariom Colony,
Jail Road Camp, Amravati, District Amravati. Applicant
-Versus-
1. The State of Maharashtra, through it's Police
Station Officer, Police Station, Pusad City,
Tah.Pusad, District Yavatmal.
2. Sunil Bhimraoji Gidde, aged
Major,Occ.Service as a Police Sub Inspector,
Crime Branch, Yavatmal, District Yavatmal. Non-
applicants.
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Mr. C.A.Babrekar, counsel for the applicant.
Mr. A.A.Madiwale, A.P.P for non-applicant -State.
Ms.Kirti Deshpande,counsel for non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 18th SEPTEMBER, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
Heard.
2. Admit. The application is heard finally with the consent of
the learned counsel for the parties.
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5-apl 803-20j.odt
3. This is an application seeking to quash and set aside the
Charge-sheet bearing Special Case No.9 of 2021 arising out of First
Information Report No.362 of 2020 registered with Police Station
Pusad City, District Yavatmal, for the offence punishable under Sections
323, 504 of the Indian Penal Code and Sections 3(1)(r),3(1)(s) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (for short "Atrocities Act"). It is informed that yet the trial
Court has not framed charges.
4. At the instance of report lodged by the Police dated
09.10.2020, crime has been registered. It is stated that at the relevant
time, the applicant was posted at concerned Police Station as a Deputy
Superintendent of Police. One Bhima Hate was arrested by police in
Crime No.121 of 2018 and was brought to the Police Station on
29.04.2018. It is alleged that the applicant, during the course of
investigation, has kicked the informant as well as abused him in filthy
language. It is alleged that the applicant was knowing that Bhima Hate,
who died later, was belonging to the member of Scheduled Caste and
therefore, the report.
5. The applicant's learned counsel would submit that the cause
of death was failure of kidney, which has no nexus with the allegations
against the applicant. In fact, the applicant is charged for causing hurt,
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5-apl 803-20j.odt
intentionally insulting and humiliation to the member of Scheduled
Caste within the public view.
6. With the assistance of both the sides, we have examined the
police papers. Alleged victim Bhima Hate is not available since, he died.
During the course of investigation, statement of several police persons
have been recorded, who claimed to be present at the relevant time. We
have gone through the statements of police personnel namely, Mohd.
Jalal, Munna Ade, Nandu Chaudhari, Anil Kamble, etc. It reveals that
most of the witnesses stated that applicant had kicked Bhima Hate along
with the co-accused of the said crime. None of them, except Santosh
Nekwar stated about the abuses. Thus, the informant's statement, even
on prima facie basis does not find support about hurling casteist abuses
to deceased Bhima Hate. The statement of Santosh Nekwar though says
about abuses, however, it does not relate to the caustic remarks.
Apparently, that incident occurred in the police station therefore, the
submission that the essential ingredients to constitute the offence under
Section 3(1)(r) and 3(1)(s) of the Atrocities Act are not made out as the
occurrence is not within the public view.
7. In view of above, there is no prima facie material to
constitute the offence under the provisions of Atrocities Act, Since, the
remaining offences are of non cognizable nature, the prosecution under
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those provisions without permission of Magistrate is untenable. The
entire material even if accepted at it's face value, it does not makes out
essential ingredients to constitute the alleged offences. In the
circumstances, continuation of prosecution amounts to abuse of the
process of the Court.
8. In view of above, Criminal Application is allowed. We,
hereby, quash and set aside Charge-sheet bearing (Special Case No.9 of
2021), arising out of First Information Report No.362 of 2020
registered with Police Station Pusad City, District Yavatmal, for the
offences punishable under Sections 323,504 of the Indian Penal Code
and Sections 3(1)(r), 3(1)(s) of Atrocities Act.
9. Fees of the appointed counsel be paid as per rules.
10. Criminal application stands disposed of accordingly.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 24/09/2024 12:18:26 Kavita.
