SHIVAJI DINKAR BORADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) In anticipation of arrest in connection with Crime No.239/2021 registered with Respondent No.1 Dhamangaon Badhe Police Station, District Buldhana for the offence punishable under Sections 324, 504, 506, read with Section 34 of the Indian Penal Code and Sections 3[1][r], 3[1][s] and 3[2][va] of the Scheduled Caste, Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant is praying for grant of pre-arrest protection.

(3.) It is the prosecution case that on the date of incident, the main accused Dilip had abused the informant in the name of caste. There was a scuffle in between the main accused and the informant, in which the applicant allegedly caught hold the informant and slapped. It is argued that the provisions of the Atrocities Act would not apply since there are no allegations of humiliation or abuse in the caste against the present appellant. It is also submitted that there is no material to infer that the appellant was aware about the caste of the informant.