POONAM AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD . Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

(2.) BY way of Criminal Application No. 725 of 2014, the applicant No. 1, who is the first informant and applicant Nos. 2 to 10, who are the accused in Crime No. 235 of 2014, have approached this Court praying for quashing and setting aside the First Information Report for the offences punishable under Sections 354 -A, 354 -D, 143, 342, 509, 109 of the Indian Penal Code and under Section 3(1)(xi) of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act 1989.

(3.) THE First Information Report in Criminal Application No. 725/2014 alleges that when the first informant i.e. the applicant No. 1 was travelling on the motorcycle with one Shaharukh, who was treated by her as her brother, and when she had come near Mahatma Fule Square, the accused persons formed unlawful assembly and stated to her that "why you are sitting on the motorcycle of a Musalman boy, what is your relations with him, whether sons of Hindu have died." It is alleged that saying that they had insulted the first informant. It is further alleged that restraining her, the photograph was taken against her wish. With these allegations, the First Information Report came to be filed for the offences punishable under Sections 354, 31,3, 342, 143, 508 and 109 of the Indian Penal Code and under Section 3(1)(11) of The Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.