SHIVRAJ MANMATHAPPA MULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed initially for quashing First Information Report vide Crime No.391/2023 dtd. 22/6/2023 registered with Rural Police Station, Udgir, Tq. Udgir, Dist. Latur, for the offence punishable under Ss. 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for the sake of brevity hereinafter referred to as "the Atrocities Act") and Ss. 324, 323, 143, 147, 148 read with Sec. 149 of the Indian Penal Code, 1860 and later on by way of amendment for quashing the proceedings in Special Case No.63/2023 pending before learned Special Judge, under the Atrocities Act, Udgir, Dist. Latur.

(2.) Heard learned Advocate Mr. Ajinkya Reddy for applicants, learned APP Mr. G.A. Kulkarni for respondent No.1 and learned Advocate Mr. S.S. Jadhav for respondent No.2.

(3.) Learned Advocate appearing for applicants has taken us through the entire charge sheet including First Information Report and submitted that the informant even in his First Information Report has admitted that a civil suit is pending in respect of a property between him and applicants. Regular Civil Suit No.293/2022 is pending, which has been filed for permanent injunction. In the said suit, counter claim has been filed by two applicants, who are defendant Nos.2 and 3 therein, wherein declaration of ownership has been prayed with perpetual injunction. Both are claiming to be in possession of property and no interim orders have been passed. In this background the informant states about the alleged incident dtd. 16/5/2023, which is stated to have occurred at 8.30 p.m. Informant says that present applicants with some unknown persons were making construction in the agricultural land. Informant went near them and told that they should not carry out any construction as the dispute is pending before the Court and then he says that he was abused in the name of caste and then assaulted by applicant Shantveer with iron rod and others assaulted him by kicks and fists. There appears to be an attempt on the part of informant to show that he is in possession of disputed property. The injury certificate would show that only one injury, that too, abrasion on left forehead was seen. If he would have been assaulted by four persons, then there could not have been a single injury. The statements of alleged eye witnesses would show that they were interested and they are the friends of nephew of informant. Application Exh.5 in Regular Civil Suit No.293/2022 was rejected by 2nd Joint Civil Judge Junior Division, Udgir on 23/11/2023. One Smt. Kamalbai Bhaktraj Khadke has filed Special Civil Suit No.54/2022 against one Rajesh Vitthal Kamble and others. Said Rajesh is brother of respondent No.2. The said suit is in respect of 27 R land allegedly standing in the name of brother of respondent No.2 from Gat No.56/1/A. By order dtd. 20/9/2023 Joint Civil Judge Senior Division, Udgir has allowed application Exh.5 and pending the hearing and final disposal of the suit, the brother of informant and two others have been restrained from encumbering, transferring or creating any third party interest in the suit property. When the substantial rights of the parties are involved in the civil suit, the First Information Report in question appears to be a concocted version and, therefore, it would be unjust to ask applicants to face the trial.