ASHOK LAKHAJI HALMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition by original accused in Criminal Case No. 28 of 2001 pending before the Special Judge, Bhandara. The petitioner has moved for quashing of the proceedings.

(2.) THE proceedings are commenced on the basis of the written complaint filed by the Respondent No. 2 on 25-4-1999 at about 10 p. m. The allegation contained in the report which has led to the registering the FIR and filing of charge-sheet can be read from annexure-3 to the return which is a xerox copy thereof. It is narrated in the complaint that the complainant is a teacher employed in navodaya High School at village Keshori from 1-7-1981 and is working as a Supervisor since 1-9-1995.

(3.) ACCORDING the complainant, he came to know that the Head Master demanded a sum of Rs. 300/- for releasing of the cheque towards Scholarship to R. B. Karekar a student of 11th standard and told the student that if he does not have money, he may take away a cheque and pay a sum of Rs. 300/- after encashment. According to the complainant, the said student told him in presence of Shri. P. S. Borkar that the conduct of the Head master was wrong and that he was always behind SC and ST students. According to the complainant, his having come to know about the incident of demand from the student, he went to meet the accused on this point. According to the complaint when he went in the Office of the Head Master i. e. the accused on 24-4-1999 at about 10. 30 a. m. the accused addressed the complainant saying that:<IMG>mah_b_2489.jpg</IMG><IMG>mah_b_2489_1.jpg</IMG> According to the complainant, by said language the accused abused the complainant after his caste, asked the peon to remove the designation board affixed at the chair of the complainant and to throw away his chair, and asked the complainant to get out etc.