REKHA GOWARDHAN GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Learned APP and the learned advocates for the respective respondents waive service. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) Shorn of the verbiage, the circumstances leading to the filing of this writ petition are to the effect that the petitioner has been serving as a Medical Officer Class - I and on the date of petition was posted in the office of Health and Family Welfare and Training Centre, Aurangabad. Respondent No.9 is the superior officer, whereas, respondent No.7 was her colleague and respondent No.8 was also serving in the same establishment as an Administrative Officer and were allegedly aware that she belonged to a scheduled caste 'Mahar'. Respondent No.9 allegedly subjected her to humiliation and also used to make overtures since 3/6/2016. She approached Vedant Nagar Police Station and lodged a detailed complaint on 29/1/2019. Since initially it was not accepted she had to approach the Commissioner of Police and thereafter her complaint was received and Crime No.40/2019 was registered for the offences punishable under Sec. 506 and 509 read with Sec. 34 of the Indian Penal Code and for the offence punishable under Sec. 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (herein after the Atrocities Act) against respondents No.7 to 9.

(3.) Since the Investigating Officer was not filing any final report, the petitioner filed Criminal Writ Petition No.402/2020 seeking a direction for filing the report. Simultaneously, respondent Nos.7 to 9 filed separate applications under Sec. 482 of the Code of Criminal Procedure seeking quashment of the crime.