GULABRAO KADWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Taken up for final disposal forthwith by consent of parties. Heard learned counsel for the parties.

(2.) By this application, applicants have sought for quashing and setting aside FIR vide Crime No. 3019/11 registered with Police Station, Karanja for the offences punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Sections 323 and 506 of the Indian Penal Code.

(3.) Applicant no. 4 is Head-master of Jagdamba Vidyalaya which is run by Saraswati Mata Vidya Prasarak Mandal, Thanegaon. There are two groups in the said Society and there is lot of infighting between the members. Even though applicant no. 4 was appointed as a Head-master, he was not permitted to join by the rival group. Applicant no. 4's appointment was on the basis of directions given by this Court in writ petition no. 2884 of 2010. Applicant no. 4 with great hardship succeeded to join his post and after he joined, applicants exposed the rival group memberswho had committed illegalities. It was noticed by the applicants that respondent no. 2 was paid for the construction work which was not done by him. Applicants through applicant no.4 started recovery proceedings against respondent no. 2. It is further stated that complainant along with Sudhakar Ghode and others had thus grudge against applicant no. 4. It is submitted that said Sudhakar Ghode was booked under the Prevention of Corruption Act and was taken into custody. Said Sudhakar Ghode was time and again threatening applicant no. 4 who was working under Vice President Tukaram Dongre. Applicant no. 4 lodged report against him on 19.2.2011 apprehending that he may implicate him in a false case. Expressing the same apprehension, applicants had lodged another police report dated 22.2.2011. It is further submitted that since members of rival group were all the while disturbing applicant no. 4, he moved an applicant no. 4 to Tanta Mukti Samiti of which applicant no. 1 is President and applicants no. 2 and 3 are members. On 7 th March 2003 the complainant and his associates entered the school and beat applicant no. 4. Other applicants tried to resolve the matter, but the complainant did not pay any heed. Applicant no. 4 lodged police report of the incident.As a counter blast, respondent no. 2 lodged report against the applicants and after 42 days of lodging of the report, police have registered offences against the applicants.