MANOJ RAJBALI RAJBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short "SC/ST (Prevention of Atrocities) Act") challenging the order dtd. 27/2/2023 passed by the learned Additional Sessions Judge, Kalyan, rejecting the application for anticipatory bail.

(2.) The Appellants are apprehending arrest in connection with C.R. No.15 of 2023 registered with Central Police Station for offences punishable under Ss. 504 & 506 r/w Sec. 34 of Indian Penal Code (for short " IPC ") and Ss. 3(1)(c)(r)(s)(u) (y)(z) of SC/ST (Prevention of Atrocities) Act. The First Information Report (for short 'FIR') was registered on 7/1/2023.

(3.) The prosecution case is that the informant belongs to Scheduled Caste. He resides at the given address along with his family. Co-accused Jitendra Yadav, Pradhuvan Yadav, Chandrajit Yadav and the Appellants are his neighbours. In 2015, the co- accused Jitendra Yadav started constructing his house which was situated behind the house of informant. The co-accused Jitendra Yadav had stated that the adjoining wall is common and it is not owned only by the informant. The first informant had raised objection about the construction of the house and there was dispute between both the parties. The co-accused had abused the informant. He had lodged the report with the concerned Police Station in 2015. The incident relating to the alleged involvement of the Appellants had occurred on 1/12/2022, wherein the Appellants had allegedly abused the informant on the basis of his caste. Thereafter on 26/12/2022, the officials from the Ulhas Nagar Municipal Corporation had visited the spot to inspect the construction and at that time the co-accused had abused the complainant on the basis of his caste.