LAWS(BOM)-2020-9-87

ANILDATTA Vs. STATE OF MAHARASHTRA

Decided On September 15, 2020
ANILDATTA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The application is filed for relief of quashing of FIR No.4780 of 2020, registered with Tophkhana Police Station, District Ahmednagar, for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and Sections 279 , 427 and 184 of the Indian Penal Code.

(2.) Both the sides are heard.

(3.) The crime is registered on the basis of report given by Respondent No.2 on 21st May, 2020. The incident in question took place on the same day. It is her contention that on the day of incident at about 13:15 hours, when she was proceeding in their four wheeler and their driver Vaman Pagare was driving the vehicle, near the hospital by name Swardarshi hospital, the four wheeler vehicle, which was ahead of their vehicle bearing No.MH-16-BY-6898 was stopped all of a sudden and due to that the vehicle of the informant dashed against vehicle No.6898. It is contended that as the accident had taken place, they stopped their vehicle and they noticed that their vehicle was damaged due to the aforesaid impact. It is contended that when they started questioning the driver of vehicle No.6898 as to why brakes were applied all of a sudden, without giving any signal, quarrel started. It is contended that when they asked to give compensation, the persons from vehicle No.6898 said that they would not give compensation. It is contended that Anil Joshi, Applicant No.1 and Amol, driver of the vehicle, came out of the vehicle and they quarreled with the informant. It is contended that Anil Joshi said that he was influential person. It is contended that on the vehicle of informant, there was the name of their God Veer Goga Dev, which indicate the caste of the informant and on that basis the Applicants teased and insulted the informant and her sister. It is contended that the Applicants said that the informant and her family were doing scavenging work, they belong to scheduled caste and how they could afford to have four wheeler. It is contended that Applicant No.1 then started doing video shooting by using his mobile handset.