Ravichandra Narayan Jadhav And Another v. State Of Maharashtra, Through Its P.S.O. P.S. Digras, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No.229 of 2015 (Ravichandra Jadhav and another V/s State of Maharashtra, thr PSO PS Digras, Tq. Digras, Yavatmal ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri A.D. Tote, Adv for appellants.

Shri V.A. Thakare, APP for State.] CORAM : A.B. CHAUDHARI, J.

DATED : 15.06.2015.

Heard the learned Counsel for the rival parties.

It is not in dispute that the complainant is doing fishing business.

The complainant as well as the applicants are the members of the Jagdamba Matsya Vayasaya Sanstha and take the contract of fishing. Read the F.I.R. F.I.R. itself shows that the complainant had gone to watch if anybody is found catching the fish. The F.I.R. shows that the complainant found that the applicants were catching the fish. When they were committing theft of fish, there was quarrel during the course of which they abused in the name of caste. As main allegation is about

theft of fish only the complainant added flavour to his complaint about abuses.

F.I.R. shows no prima facie case is made out for the offence under Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, I am inclined to grant the application. Hence, the following order :- Order A] Criminal Application (ABA) No.229 of 2015 is allowed.

B] Interim protection granted by this Court on 12-05-2015 is confirmed.

JUDGE Deshmukh