BAIRAJ VISHWANATH REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have approached this Court under Sec. 482 of Cr.P.C. for quashment of FIR bearing No. 509 of 2022 dtd. 2/9/2022 registered with Police Station, MIDC, Latur for the offences punishable under Ss. 447, 427, 504, 506 r/w. 34 of IPC and under Sec. 3(1)(f) and 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989, (hereinafter referred to as, "the Atrocities Act" for sake of brevity) .

(2.) Respondent No.2 lodged report dtd. 2/9/2022 with the police station, alleging that he had purchased plot Nos. 186, 187, 188 and 189 admeasuring 600 square feet out of Gat No. 78, at village Pakhar Sangvi, Taluka and Dist Latur from its owners under registered sale deed. Since then, he is in possession of the plots. In the year 2009, he has constructed basement and since 2012, he is cultivating certain crops in the plots. It is further alleged that on 3/8/2022, accused, who are residing in plot situated on western side destroyed part of the basement of Plot Nos. 186 and 187 fenced Plot No. 186 and constructed a tin shed. As such, accused Vishwanath Narsappa Reddy, has encroached upon his property. When he objected to the encroachment, accused Nos. 1 and 2 abused him and gave life threats. Similarly, on 13/8/2022, accused No.3 damaged basement constructed on Plot No. 188 and 189 from eastern side, raised tin fencing and put a board depicting that property is subject matter of dispute in R.C.S. No. 562 of 2022, pending before the Civil Court. Similarly, accused have installed CCTV cameras. Although he is owner of the plots, accused persons have damaged the basement from Eastern and Western side and encroached upon his property.

(3.) On the basis of aforesaid information, Crime No. 509 of 2022 has been registered with Police Station, MIDC, Latur for the offences punishable under Ss. 447, 427, 504, 506 r/w. 34 of IPC. Thereafter, respondent No.2 recorded his supplementary statement dtd. 4/9/2022 and introduced allegation that he belongs to Scheduled Caste and in spite of knowledge of his caste, applicants encroached upon the property, as such, committed offences under the Atrocities Act. Consequent to narration introduced in supplementary statement of respondent No.2, offences punishable under Ss. 3(1)(f) and 3(1)(g) of the Atrocities Act have been added. On completion of investigation, charge sheet has been filed against accused persons for aforesaid offences. After filing of charge sheet, applicants have amended the application seeking quashment of proceeding in Special Case (Atrocities) No. 101 of 2022, pending before the Special Judge, Latur arising out of impugned FIR.