SHARAD Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Following are the Prayer Clauses [1] and [2] in the present application:-

(2.) Applicant Sharad Shankarrao Chavan is working on the post of Deputy Director [Research], Scheduled Tribe Certificates Examination Committee, Gadchiroli, and is a Govt. Servant working since twenty-five years. The Caste Scrutiny Committee for verification of caste claims of Scheduled Tribes consists of five members, including the Applicant as a Deputy Director [Research]. The "Mana" caste was recognized as a Scheduled Tribe by virtue of the Judgment rendered by the Division Bench of Bombay High Court, confirmed by Supreme Court. In some cases individually examined by him as a Research Officer, the Applicant had given dissenting opinion in respect of some claims for Mana caste for invalidation while discharging his duty as the Member of Five-member Scrutiny Committee. The Mana community people did not like it at all. As a result, on 4th June, 2012, while applicant was working in the chamber of Vice-chairman/Asstt. Commissioner of the Committee, respondent no.2 Devidas Warluji Jambhule along with twenty-five persons entered the chamber without any permission and started asking the officers present there as to why the Caste Certificates of Mana community are not being validated. They also insisted the Applicant to give answer as to why validation was not being given to the applicants. Respondent No.2 then caught hold of the collar of the applicant's shirt, assaulted him and also hurled filthy and ugly abuses at him. Another Member Mr. Walvi of the Committee and the Police Inspector of Vigilance Cell Mr. Uikey, who were present there, somehow rescued the Applicant from the clutches of the attackers. Applicant then lodged a report with Police Station, Gadchiroli, and offences under Sections 353, 332 and 504, Indian Penal Code, were registered against respondent no.2 and others vide Crime No. 63/12 dated 4th June, 2012. The investigation started pursuant to lodgment of FIR.

(3.) However, surprisingly enough, the respondent no.2, who is accused in the report lodged by the Applicant, lodged a report after six days on 10th June, 2012 against the applicant, which was registered on 19th June, 2012, for offence under Section 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, vide FIR No. 3028/2012 in respect of the incident of 4th June, 2012. Higher officers of the applicant also made representation to the District Superintendent of Police against the said mala fide action of respondent no.2 in lodging the FIR; but somehow the FIR stands registered against the applicant. Arguments :