JAMES T. GEORGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed invoking the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure to challenge the order dtd. 12/2/2022 passed by the learned Special Judge under the Atrocities Act, Ambajogai, Dist. Beed in Criminal Miscellaneous Application No.26 of 2017, whereby process came to be issued against the applicants for the offence punishable under Sec. 3(i)(g), 3(1)(r) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act"), Sec. 506 of Indian Penal Code.

(2.) Heard learned Advocate Mr. G. S. Rane for the applicants, learned APP Mr. B. V. Virdhe for the respondent No.1 - State and learned Advocate Mrs. M. V. Narwade for respondent No.2.

(3.) It has been vehemently submitted on behalf of the applicants that the learned Special Judge had not considered the documents on record, the discrepancies on the face of the contents of the complaint, verification and statement under Sec. 200 of the Code of Criminal Procedure. The applicants are the employees of Power Grid and there was nothing personal for them to interfere in the property. As per the complaint, the complainant says that she has encroached upon Survey No.484 and has erected a house. Power Grid had undertaken construction of tower near the house of the complainant and for that purpose, various vehicles belonging to the company use the said space. According to the complainant, intentionally the Kaccha road is used by those vehicles though there is a cement road available from the backside of the house of complainant. She had resisted the company vehicles to go from the Kaccha road, however, there is no heat. On 17/5/2017, she had restrained the vehicles of the Power Grid Corporation at about 10.00 a.m. At 10.30 a.m., she says that the accused persons went to the said place and abused her in the name of caste. So also, it is stated that accused Nos.1 and 5 went near her and outraged her modesty by dragging her, holding her hand and given threats to kill.