DHARMENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this application, the applicant/accused is seeking the relief to quash and set aside the First Information Report No.174/2020 registered at Dharni Police Station District Amravati for the offences punishable under Ss. 504 and 506 of the Indian Penal Code and Sec. 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC ST Act).

(2.) The First Information Report was registered on the basis of the report lodged by respondent No.2. It is the case of the prosecution that on 22/2/2020 at about 02.00 Hrs. while the respondent No.2 was cooking, there was a leakage from the gas cylinder and due to the leakage there was a fire. The fire was extinguished with the help of Bhaiji Gas Agency. Thereafter, the gas cylinder and regulator was deposited with the gas agency for replacement. It is stated that the respondent No.2 visited the gas agency on number of occasions, but she did not receive the gas cylinder and regulator. On 15/3/2020 in between 09.00 Hrs to 10.00 Hrs. she went to the office of gas Agency and met the applicant/accused. She demanded the gas cylinder and the regulator. The applicant got annoyed and abused her in the name of her caste. The actual abuses in Marathi stated in the report reads thus:-

(3.) It is the case of the applicant that crime registered against him is false and frivolous. No incident as narrated by the respondent No.2 occurred. He is not the owner of the gas agency. His brother is the owner of the gas agency. He is an advocate by profession. It is submitted that no offence is made out against him on the basis of the facts stated in the report as well as on the basis of the evidence collected by the Investigating Officer. It is his case that according to respondent No.2, the incident took place in the cabin. There was no witness to the incident. It is stated that therefore, the basic ingredient of Sec. 3(1)(r) and (s) of SC ST Act that the act contemplated in this sec. must be committed in any place within public view has not been made out. He, therefore, prayed that the prosecution initiated against him needs to be quashed.