BALU BAJIRAO GALANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with consent of the parties.

(2.) The present petition is filed for quashing of First Information Report so far as it relates to registration of the offence punishable under Section 8(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred to as SC and ST Act).

(3.) The relevant facts in nutshell are that complainant Prabhakar Ramchandra Dalvi (Respondent No. 2) belongs to Chambhar caste. Previously he had filed a complaint against nephew of present petitioner. On 1st March, 2006, respondent No. 2 filed a complaint against the petitioner with Shrigonda Police, alleging that on that day, at about 7.30 in the evening, his daughters-in-laws namely Urmila and Jayshree were at the house. At that time, petitioner came to their house and started giving abuses by referring to their caste. The petitioner also threatened the inmates of dire consequences and damaged Maruti Car No. MJF-747 by breaking its glass. This information was given to respondent No. 2 when he returned to the house at about 8.00 p.m. While the incident was being narrated to respondent No. 2, the petitioner and his brother Haribhau were shouting from their vasti and were insulting respondent No. 2 with reference to his Chambhar caste. On the basis of this report, an offence, punishable under Sections 504, 506, 427 of the Indian Penal Code, Section 7(1)(d) of the Protection of Civil Rights Act and Section 3(1)(x) of SC and ST Act, came to be registered against the petitioner.