BHALCHANDRA DNYANOBA SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this application, the applicants seek to quash and set aside the F. I. R. bearing No. 3049/2004 registered with M. I. D. C. Police Station, Latur on the report lodged by respondent No. 3, who is original complainant, to the extent of offence punishable under section 7 (1) (d) of Protection of Civil Rights Act (for the sake of brevity Civil Rights Act) and under section 3 (1) (x) of Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity atrocities Act).

(3.) To State in brief the complainant/respondent No. 3 lodged a report at the police Station on 29-12-2005 at about 3-45 p. m. about an incident which had occurred on 28-12-2005 at about 8 p. m. In the report, he alleged that he belongs to Mahar community which is a Scheduled Caste. He is Sarpanch of grampanchayat Harangul (Bk. ). On 28-12-2005 at about 8 p. m. meeting of gramsabha was being held at Vithal Mandir. Some members of Grampanchayat, up-Sarpanch, Gramsevak and other people of the village were present. According to the complainant, when the meeting was in progress, the present applicants began to create obstruction in the meeting. When the complainant requested them to keep silence, they insulted him in the name of caste, abused and physically man-handled and also threatened to kill. Up-Sarpanch and other persons who were present intervened and thereafter, the applicants left the spot. At the bottom of the first information report, there was a note that caste certificate was annexed. It was also mentioned that the complainant is 'mahar' to the knowledge of the accused persons and the accused persons belong to Reddy (Yellam) caste. On the basis of this report, the aforesaid offence came to be registered by the Police.