INDRAJIT DILIP PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ( "Act of 1989 " for short), appellants are seeking prearrest protection in connection with the Crime No.391 of 2021 registered with Islampur Police Station, District: Sangli for the offences punishable under Sections 406, 420, 188, 297 read with Section 34 of the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s) of the Act of 1989.

(2.) Appellants are employees of Prakash Hospital situated at Islampur, District: Sangli. This hospital was dedicated to Covid facilities having treated more than 1500 covid patients. Appellants are front-line workers, who were working round the clock, for providing medical treatment to the Covid patients. The Appellant No.1 was in-charge of Oxygen management in the hospital; Appellant No.2 was supervising medical treatment and facilities to covid patients; Appellant No.3 was clerk working in the administration of the hospital and Appellant No.4 was social worker, extending help to the patients and their relatives.

(3.) Prosecution 's case is that, maternal uncle of the complainant, was suffering from Covid-19 and was shifted to the Prakash Hospital on 2nd May, 2021 from Manav Covid Centre at Kolhapur, against advance, deposit of Rs.50,000/- and Rs.3,00,000/- for booking bed with ventilator facility. Complainant claims, although he deposited Rs.3,50,000/-, he did not receive receipt from the hospital administration. On 18th May, 2021, complainant 's uncle succumbed to the disease in early hours at 3.25 a.m. Complainant was asked to complete formalities and clear the pending bills in order to take away the dead-body of his uncle. Complainant would allege that although he had deposited Rs.3,50,000/-, the appellants further demanded, amount of Rs.2,17,512/- and refused to hand over the dead-body unless payment was made . Thereafter complainant and his brothers approached Tehsildar of Taluka: Walwa, who, sent his persons alongwith the complainant to the hospital. It is further alleged that heated arguments took place between the appellants and the complainant, wherein the appellants abused and humiliated the complainant, knowing well that the complainant belonged to scheduled caste. It is further alleged that the appellants declined to give dead-body in the custody of the complainant unless additional amount was paid. It is further alleged that upon intervention by Tehsildar himself, dead-body was handed over in the evening at 3 p.m. and thereafter last rites were performed in the crematorium of Islampur. According to the complainant, undue demand of additional fees by the appellants and detaining the dead-body without first paying additional fees/charges, the appellants caused humiliation to the complainant and his family. According to the complainant, appellants intentionally insulted them, as they were, members of scheduled caste. On this set of allegations, First Information Report was filed on 25th May, 2021 against the appellants and another person, Mr. Vishwajeet Suresh Giri Gosavi, employee of the hospital.