ARJUN ANANDRAO CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant in the present application is aggrieved by the registration of offence against him with CIDCO Police Station, Aurangabad, vide Crime No.0306/2019, for the offence punishable under Ss. 353, 332, 504, 506 read with Sec. 34 of the Indian Penal Code (IPC), so also charge-sheet No. 103/2020 dtd. 15/5/2020 and criminal case, being Regular Criminal Case No.1126/2020, registered against him and pending on the file of the learned Additional Chief Judicial Magistrate at Aurangabad. The applicant has invoked Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) in order to seek quashment of FIR and criminal proceeding.

(2.) Respondent No.2 has lodged FIR on 27/5/2019 against the present applicant and one G.B. Jagtap. Respondent No.2 was working as Incharge Deputy Engineer with Water Supply Department of Aurangabad Municipal Corporation on 25/5/2019. He has stated in FIR that a water supply pipeline of the Municipal Corporation in N-4 area was damaged on 24/5/2019 as a consequence of which water supply was adversely affected in the area. He has stated that the necessary repairs were carried out on 24/5/2019 at around 11.30 p.m. since water supply was to be made on 25/5/2019. He has stated that the water supply could not be commenced at the regular time i.e. at 6.00 a.m. on 25/5/2019, since appropriate level was not achieved in the water tank, however, the water supply was resumed at 8.00 a.m. after appropriate level was achieved. The allegation in FIR is that Corporator of concerned ward had visited the water tank in N-5 at around 7.45 a.m. along with other ladies. A verbal duel ensued between the officials of the Corporation and Corporator and other citizens, which was settled with an intervention of the Executive Engineer. He states that at that time, one G.B. Jagtap had slapped him on his back. As against the applicant, the allegation is that he got agitated and inquired from respondent No.2 and other officials as to why regular uninterrupted water supply was not being provided and thereafter hurled abuses at them. It is alleged that having acted thus, Shri G.B. Jagtap and the present applicant created obstacles in the official work. On the basis of these allegations, offence under the aforesaid provisions is registered against the present applicant.

(3.) After completion of investigation, the statements of the Executive Engineer of Aurangabad Municipal Corporation, Tanker Supervisor, Lineman, Security Guard and Junior Engineer working with Aurangabad Municipal Corporation have been recorded. Based on the said report, criminal case is registered against the applicant and the said Jagtap vide R.C.C. No. 1126/2020.