KAMLAKAR RATNAKAR SHENOY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As these applications give rise to common questions of law and facts, they were heard together and are being disposed of by this common judgment.

(2.) In Criminal Application No. 1899 of 2008, the applicant challenges the F.I.R. dated 9-4-2008 registered with MRA Marg police station vide C.R.No. 1526/2008 under section 3(l)(viii), 3(l)(ix) and 3(2)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "said Act") and subsequent filing of the charge-sheet and institution of proceedings being Criminal Case No. 184/PW/2008 in the Court of the learned Chief Metropolitan Magistrate's 30th Court, Ballard Pier, Mumbai. In Criminal Application No. 1898 of 2008, the applicant challenges the F.I.R. dated 29-4-2008 registered with Nalasopara police station vide C.R.No. 11/33/2008 under section 3(l)(viii) and 3(l)(ix) of the said Act. In Criminal Application No. 1898 of 2008, the F.I.R. is registered at the instance of the respondent No. 2 making almost similar allegations as have been made in the proceedings initiated in Criminal Application No. 1899 of 2008.

(3.) The facts in brief giving rise to the present applications are as under :-It appears that both the applicant and the respondent No. 2 herein were jointly engaged in various business activities. However, it appears that subsequently there arose disputes between them and their relations were severely strained. It appears that alleging that various irregularities were committed by the respondent No. 2 and others in the business activities carried on by them in the name of various organisations, a petition came to be filed before this Court being Criminal Writ Petition No. 2021 of 2005 for directing registration of F.I.R. against the respondent No. 2 and his associates. However, this Court vide order dated 6-2-2006 disposed of the petition on the ground that the petitioner has an alternate remedy to approach the learned Metropolitan Magistrate and seek investigation under section 156(3) of the Criminal Procedure Code. The petition was, therefore, disposed of by relegating the petitioner to the alternate remedy. After disposal of the petition, a complaint came to be filed by the present applicant in the Court of the learned Metropolitan Magistrate's 38th Court, Ballard Pier, Mumbai, being Criminal Case No. 95/MISC/2006. In the said case, apart from the respondent No. 2, various other persons have been made as accused. In the said complaint, which is filed for the offences under sections 197, 198, 217, 218, 406, 420, 465, 467, 468, 471, 120-B read with 34 of the Indian Penal Code, an investigation under section 156(3) was directed by the learned Magistrate. After completion of the investigation, a detailed inquiry report came to be submitted by the learned Magistrate requesting for grant of 'C summary. The learned Magistrate vide order dated 15-3-2008 granted 'C summary. It further appears that the said order of grant of 'C summary was challenged before this Court by way of Criminal Writ Petition No. 980 of 2008. The learned single Judge vide order dated 6-8-2008 dismissed the said petition. A S.L.P. challenging the same is also dismissed. Thereafter, a complaint came to be filed by the present applicant in MRA Marg police station for offences punishable under sections 3(l)(viii), 3(l)(ix) and 3(2)(ii) of the said Act. In a nutshell, the grievance of the respondent No. 2 appears to be that the present applicant has filed various false, malicious or vexatious proceedings against the respondent No. 2 who belongs to Scheduled Caste and, as such, has committed an offence punishable as aforesaid. It appears that initially the applicant had filed the present application only for challenging the F.I.R. However, during the pendency of the present application, the charge-sheet also came to be filed and the case instituted before the learned Magistrate. The application is, therefore, amended so as to challenge the charge-sheet and so also the proceedings before the learned criminal Court.