S & ANR. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two applicants are apprehending their arrest in C.R.No.69 of 2021 registered with Rahimatpur police station, Satara, on a complaint filed by one Anand Kenjale, an employee of the Gram Panchayat working in the Water Supply Department.

(2.) The complaint came to be filed on 9/5/2021 in respect of an incident which took place on 7/5/2021. The gist of the allegations levelled against the applicants is to the effect that while he was on duty of operating the valve for for starting the water supply, the applicant no.1 arrived at the spot and raised a row over supply of water. The complainant made him understand that he is not responsible for the same and the applicant should not argue with him. This infuriated the applicant and he slapped him. Thereafter, the second incident is reported of the same date when after the first incident, the matter was referred to the Dispute Resolution Committee (Tanta Mukti Samiti) who resolved the discord. Thereafter, the complainant came to his office and at that time, one Shankar Kenjale, son of the applicant Akshay Kenjale and the applicant no.2 arrived there and entered into a verbal altercation. At that time, it is alleged that applicant no.2 slapped the complainant. Again the dispute was resolved by those present in the office of the Gram Panchayat. The complainant state that he was referred to the Rural Hospital where he was offered treatment and on 9/3/2021, he lodged the report.

(3.) Undisputedly, in respect of an incident dtd. 7/5/2021, there is no plausible explanation offered by the complainant as to why he reported the incident after two days. In any case, the offence involved is Sec. 332, 353, 504 II read with Sec. 34 of the IPC and no custodial interrogation of the applicant is warranted. At the same time, the conduct of the applicants need to be deprecated as they have physically mishandled employee of the Gram Panchayat who was discharging his duty. If they had any grievance of non-supply of water or issue about supply of water, it could have been referred to the appropriate authority by raising a grievance. But, instead of that, they chose a simple way of slapping the applicant.