SABHAKARRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) This is an application under Section 482 of the Code of Criminal Procedure challenging First Information Report No.208 of 2013, dated 8th October 2013 which was filed by the non-applicant No.2 with the non-applicant No.1 for the offences punishable under Sections 143 , 323 , 354 , 354(A)(1) of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) It is the case of the applicant that the applicant had filed Regular Civil Suit No. 81 of 2008 for and on behalf of Shri Bhimrao Sable against the non-applicant No.2 seeking relief of declaration and permanent injunction wherein an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure for grant of temporary injunction was filed. On the said application the trial Court granted exparte temporary injunction which was confirmed after hearing both the sides. Since in-spite of the order of injunction the non-applicant No.2 and her relatives committed breach of the order, the applicant for and on behalf of the plaintiff in the said suit filed an application under Order XXXIX Rule 2-A of the Code of Civil Procedure bearing M.J.C. No. 05 of 2009.