SHEKHAR @ MUKESH SANADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On the basis of the complaint lodged by the complainant who was assigned duty of bandobast for prevention of Corona Virus, in terms of the notification issued by the State Government and while he was discharging his duty, it is alleged by him that the applicant on being asked to wear the mask entered into a verbal altercation. The complaint refers to the said altercation in detail and allege that he was instigated in discharge of his official duty by the applicant and as far as the assault is concerned, the complaint refers that he placed his hand on his shoulder. With this allegation, the offence has been registered under Sec. 323, 353 and 506 of the IPC against the present applicant and also under the relevant provisions of Disaster Management Act, 2005.

(2.) On perusal of the FIR, prima facie what emerges is a verbal altercation between the complainant and the applicant while the latter was discharging his duty. No ingredients of Ss. 323 and 353 of the IPC are made out from the complaint/FIR.

(3.) Notice is made returnable on 7/7/2020.