RAKESH SHRESHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed under Section 226 of the Constitution of India and Section 482 of the Criminal Procedure Code seeking to quash the record and proceedings of SCST Special Case No.2 of 2019 pending before Additional Sessions Judge Dindoshi arising out of CR No.404 of 2018 filed by Respondent No.2.

(2.) Respondent No.2 filed the FIR against the Petitioner under Section 3(1)(r)(s) and 3(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( "SC/ST Act ") and Section 504 of the Indian Penal Code. There is a reference to subsection 5 in the charge-sheet, which the learned Counsel for the parties and learned APP point out is a typographic error and that the alphabet 5 is actually (s) of Section 3(1). They also point out that there is no sub-section 5 of the Act of 1989.

(3.) The FIR was filed by Respondent No.2 stating that on 22 September 2018, where Respondent No.2 resides, a road repair work was going on. The Petitioner was present there to supervise the repair work. At that time, an altercation took place between the Petitioner and one more person and upon Respondent No.2 intervening, the Petitioner abused Respondent No.2, a member of the Scheduled Caste, with reference to his caste status. According to Respondent No.2, Respondent No.2 had only sought to intervene in the quarrel, and because he intervened, the Petitioner was enraged and insulted him with reference to his caste.