VISHWANATH RAGHUNATH DUBUKWAD Vs. VIDYASAGAR RAGHUNATH SOMWANSHI

JUDGEMENT

(1.) Present application is filed under Sec. 482 of the Code of Criminal Procedure, inter alia, seeking quashment of F.I.R. No.56/2022 registered with Wadhavana Police Station, Tq. Udgir, Dist. Latur for the offence punishable under Ss. 323, 504, 506 read with Sec. 34 of the Indian Penal Code (I.P.C.) and under Ss. 3(1)(r), (s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered on 9/4/2022 along with Charge-Sheet No. 79/2020 dtd. 17/8/2022 and Special Case No.34/2022 registered pursuant to the same, which is pending on the file of the learned Special Judge under the SC and ST Act at Udgir, Dist. Latur.

(2.) Respondent No.2 - Informant has lodged the F.I.R. on 9/4/2022 stating that he was working as watchman at Tiru Lake. He has stated that on 29/3/2022, he had reported on duty in a tin shed located near the agricultural land of one Apparao Patil in village Wadhvana (kh), where his co-employee Fayyum Ismil Shaikh informed him that a small boat of the society with whom respondent no.2 was employed was stolen, and therefore, the said Fayyum and respondent no.2 started searching for the said boat in an around the area surrounding the Lake. It is alleged that on 27/3/2022 at about 2:00 p.m., when they had reached the portion of Lake in village Handarguli Shivar, they found that the applicants had laid a fishing net in the Lake for catching fish. He states that he and Fayyum asked the applicants as to how they were carrying out fishing operation in the Lake and did they obtain any permission from the society for carrying out fishing. Respondent No.2 alleges that applicant no.1 got unnecessarily agitated and raised quarrel with respondent no.2 and Fayyum stating that nobody could stop them from carrying out fishing operation in the Lake and that respondent no.2 and said Fayyum or any other person was free to do whatever they wanted to do. He alleges that applicant nos.2 to 4 came near him and said Fayyum and stated that they were taking fish with them. He alleges that when he tried to stop the applicants from taking the fish, applicant no.2 abused him in the name of his caste and threatened him not to touch the bag containing fish. He alleges that applicant nos.2 to 4 started beating him with fist and kick blows. With such allegations respondent no.2 lodged complaint with respect to the incident that had occurred on 29/3/2022 on 9/4/2022 with respondent no.1 - Police Station. Respondent No.1 has completed the investigation and has filed charge-sheet in the matter. On the basis of the charge-sheet filed, criminal case is registered against the applicants, which is now pending for adjudication before the learned Special Court under the SC and ST Act.

(3.) We have heard Mr.S.V. Sangit, learned advocate for the applicants, Mr.Shaikh Mazhar A. Jahagirdar, learned advocate for respondent no.1, Mr.A.R. Kale, learned APP for respondent no.2 and have perused the F.I.R. and the charge-sheet with their able assistance.