KAILAS SHANKARLAL SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending the arrest in Crime No. 364/2021 registered at Kolsewadi Police Station for the offences punishable under Sec. 3(1)(r) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called, Act of 1989), Appellant is seeking prearrest bail.

(2.) Complainant 's case in brief, is that he was working as a Supervisor on a construction site at Kalyan of M/s Balaji Developers, of which the Appellant and Mr. Navin Jaiswani were the partners. The building constructed by M/s Balaji Developers consist of shops and flats. One shop was purchased by Mr. Vijay Singh Thakur. He was complaining water seepage in the shop. However, neither Navin Jaiswani, nor Appellant, bothered to attend the complaint. In March, 2021 Vijay Singh Thakur requested the Appellant to rent out another unsold, shop to him. Though the shop was rented out to Vijay Singh Thakur, he did not pay the rent, ever since the nation wide lockdown. On 30/06/2021 in heated verbal contention between Appellant and Complainant, over and in respect of water seepage and arrears of rent, Complainant allegedly, stood for Vijay Thakur. Upset with this, Appellant allegedly insulted and humiliated the Complainant by hurling caste based abuses. Though this incident had occurred on 30/06/2021, a written complaint was filed on 07/07/2021. Copies of which, were also forwarded to Minister and High Rank Police Officers.

(3.) Taking note of the written complaint, on 10th July, 2021, the crime in question came to be registered against the Appellant under Sec. 3(1) (r) and (s) of the Act of 1989.