VANDANA SURESH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the appellants, the learned Prosecutor for the State and the learned counsel for the Complainant.

(2.) Apprehending arrest in connection with the Crime No.I-119 of 2021 registered with Kasarwadavli Police Station, Thane City for the offences punishable under Sections, 188, 295, 269, 270, 323, 506, 427, 141 and 143 of the Indian Penal Code, 1860 and Sec. 3(1)(t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Act of 1989" for short), appellants are seeking pre-arrest protection.

(3.) Prosecution case in brief is that, complainant Vishwanath Suryatal belongs to 'Mahar' caste. He resides at area known as 'Turfe Pada' at Thane. He is tenant of Suresh Patil. Qua, tenancy and issues, incidental thereto, there is disagreement between the complainant and other tenants, on the one hand and Suresh Patil being landlord on the other hand. A month before the incident at the instance of Suresh Patil, electricity connection was disconnected by the electric supply company. Whereafter tenants of Suresh Patil sought its restoration. On 15th April, 2021, employees of the electric supply company had come to install the meters. Twenty-three electric meters were installed on the outer wall of Buddha Vihar, a Buddhist temple. Complainant, alleged that while electric meters were being installed, relatives of Suresh Patil, namely, Prakash Patil and five women opposed and objected to installation of meters. Whereafter employees of electricity company left the site without restoring electricity. Complaint alleged that due to resistance offered by the relatives of the landlord, tenants and family members of the landlord started pushing and shoving. It all had happened on 15th April, 2021 at around 1 to 1.30 p.m. Complainant alleged, all the while, Prakash Patil, his relatives, appellants herein, break into into the 'Buddha Vihar' and destroyed photographs, portraits and statues of the persons to whom the complainant hold in high esteem. Incident was reported in evening at around 7 pm. Whereafter the crime in question came to be registered against Prakash Patil and five women relatives of Prakash Patil. Soon thereafter spot panchanama was drawn at around 7.45 p.m. and concluded at 8 p.m. Spot panchanama refers to broken and damaged statues, photographs and portraits of Dr. Babasaheb Ambedkar and others to whom complainant hold in high esteem. Prosecution clicked the photos of the spot. For that reason, it is the prosecution's case that the allegations, prima-facie, discloses the offence under the Act of 1989 committed by the appellants, wherein pre-arrest protection cannot be granted in view of provisions of Sec. 18 of the Act of 1989.