SHASHIKANT RAMCHANDRA MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has preferred this Appeal under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as Atrocities Act) challenging the order dtd. 7/10/2022 passed by learned Additional Sessions Judge, Special Court, Thane rejecting the application for anticipatory bail preferred by the Appellant.

(2.) The Appellant is apprehending arrest in C.R. No.335 of 2022 registered with Nerul Police Station on 10 th September, 2022 for offences under Ss. 323, 324, 504, 506 r/w 34 of Indian Penal Code (for short ' IPC ') and Ss. 3(1)(r), 3(1)(s) of Atrocities Act.

(3.) The case of the prosecution is that the complainant belongs to Scheduled Caste. He is the tenant in the premises owned by the Appellant. On 10/9/2022 the Appellant and his son had demanded the rent and threatened him that he will have to vacate the premises for non-payment of arrears of rent. At about 11:25 a.m. the Appellant and his son had entered in the premises occupied by complainant and quarreled with his family members and started throwing his articles outside the room. The complainant told him that he would clear the dues toward the rent. However, the Appellant abused him on the basis of his caste. The other Accused (Son of Appellant) had assaulted sister of complainant. When the complainant got down from the premises for approaching the Police he was assaulted by the Appellant. The Co-accused assaulted him with stone and stick. The FIR was lodged at about 6:52 p.m. on 10/9/2022.