SHAILESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned respective counsel for the parties. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, matter is taken up for final hearing. This is an application preferred by the applicant no. 1 i.e. original complainant and applicant nos. 2 and 3 injured persons under section 482 of the Code of Criminal Procedure for the quashment of RCC No. 1337/2012 filed by them against the respondent nos. 2 to 7 herein i.e. original accused for the offence p/u/s 307, 120-B, 147, 148, 149, 341, 324, 506 of Indian Penal Code and under section 3 (i) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) The applicant No. 1 Shailesh since minor represented through his natural guardian mother namely Shobha Sunil Pagare is the first informant, whereas, applicant no. 2 Ramesh Magare and applicant no. 3 Nikhil Kokne are the injured persons in Crime No. 1-116/2012 registered with City Chowk Police Station, Aurangabad. The respondent no. 1 is the state of Maharashtra, whereas, respondent nos. 2 to 7 are the original accused in the aforesaid crime which was filed on 7.7.2012, for the offence punishable under section 307, 120B, 147, 148, 149, 341, 324, 506 of Indian Penal Code and under section 3 (i) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, pending before Judicial Magistrate F.C. Aurangabad.

(3.) The incident in question took place on a trifle ground on 6.7.2012, when the applicant no. 1 Shailesh was returning from his shop and, he saw some persons gathered in city chowk police station and, therefore, he went there and, on inquiry learnt that said mob had gathered to lodge the complaint of outraging modesty of one Komal. It is further alleged that after lodging the report when they were returning at about 10.30 p.m. on the bridge, the aforesaid accused persons stopped them and accused no. 2 Rashid gave abuses on caste and assaulted on back of the complainant by sword. It is also alleged that accused no. 3 Mohammad Khaled assaulted by knife on head of injured i.e. applicant No. 2 Ramesh. It is further alleged that accused no. 4 Abdul Jameel assaulted by baseball whereas accused no. 6 Abdul Juber assaulted the complainant and injured by hockey stick. Copy of the First Information Report is annexed at Exh.'A',