Dharamsing Jema Chavan v. The State Of Mah And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3162 OF 2012 Dharaming Jema Chavan Age 46 years, Occu: Service as Police Inspector, Police Station, Air Port, Naik Nagar, Nanded.

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Applicant

VERSUS

1.

The State of Maharashtra Through Police Station, Mahur Dist. Nanded.

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Abated 2.

Vijay Damodhar Dhuppe Age 32 years, Occu: Labour R/o Wanola Post Mahur Dist. nanded Mr. U. B. Bilolikar, Advocate for applicant Mrs. V. S.Choudhary, APP for the Respondent State.

CORAM

: T. V. NALAWADE AND K. L. WADANE, JJ.

DATE:

: 3rd August, 2018 JUDGMENT ( Per K. L. Wadane,J.):

1.

The applicant has challenged the first information report bearing Crime No. 4 of 2012 registered against the applicant with Mahur Police Station, Dist. Nanded for the offences punishable under Sections 3(1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and under Section 323 of the Indian Penal Code and prayed for quashing the same.

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2.

Respondent No. 2 herein lodged complaint with Judicial Magistrate First Class, Mahur, alleging that he had gone to the Police Station, Mahur in the night intervening 30.04.2010 and 01.05.2010 to lodge complaint against five Banjara persons, as they had beaten and abused him. At that time, one Police Naik S.K. Dhage was present in the police station as P.S.O. He avoided to take complaint of respondent No. 2. On 01.05.2010 at about 6.30 a.m., applicant came into police station for flag hoisting and abused him by taking name of his caste in verbatim *vcs egkjM~;k] ekÖ;k ukrsokbZdkauk =kl nsrks dk;* and mercilessly beaten him. Then the complainant filed a complaint to the Superintendent of Police Nanded and its copies were given to District Magistrate Nanded. The Judicial Magistrate First Class referred the matter under Section 156(3) of Cr.P.C., on the basis of which offence as referred came to be registered against the applicant. 3.

Heard Mr. U. B. Bilolikar, learned advocate for applicant and Mrs. V. S. Choudhary, learned APP for the Respondent State. 4.

We have gone through the papers of investigation and report submitted by the Deputy Superintendent of Police, Division Mahur to Superintendent of Police, Nanded dated 09.08.2010. Perused the 2/4

statements of the various witnesses, those are quoted in report dated 09.08.2010 at sr.no. 1 to 11. On perusal of statements of witnesses No. 1 to 3, it appears that witness at sr.no. 1 is complainant, witness no. 2 is mother and witness no. 3 is the father of the complainant. Witnesses No. 5 to 9 are the police officials, who have stated that no incident has taken place as has been alleged by the complainant and that is also supported with the statement of witness sr.no. 10 Munaf Ismail, Member of Peace Committee, Mahur. Further, it appears that there is delay in filing the first information report and complaint. Therefore, the first information report and the papers of investigation are not sufficient to even prima facie constitute offence under the S.C. & S.T. Act. Most of the independent witnesses have not supported the allegations made by the respondent No. 2 in the complaint as well as in the first information report.

5.

In view of the above, the application is allowed. 6.

First information report bearing Crime No. 4 of 2012 registered with Mahur Police Station, Dist. Nanded for the offence punishable under Sections 3(1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and under Section 323 of the Indian Penal 3/4

Code and Criminal Proceeding in RCC No.19 of 2012, pending before the learned J.M.F.C., Mahur are hereby quashed and set aside. 7.

Rule is made absolute in the above terms.

(K. L. WADANE, J.) (T. V. NALAWADE, J.) JPC 4/4