SARITA SHYAM DAKE Vs. SR POLICE INSPECTOR

JUDGEMENT

(1.) Heard learned Advocate for the Petitioner, the Respondent Nos.1 and 3 as well as the Respondent nos.2 and 4. None present for other Respondents, though served.

(2.) By the present petition, the petitioner is seeking to quash and set aside the criminal proceedings initiated consequent to the C.R. No.2105 of 2004 registered at MRA Marg Police Station, Mumbai under Section 3(1)(x) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called as " the Atrocities Act") read with 7(1)(c) & (d) of The Protection of Civil Rights Act, 1955 (hereinafter called as "the Civil Rights Act") on the ground that the complaint on the face of it nowhere discloses any offence either under the Atrocities Act or under the Civil Rights Act.

(3.) The Petitioner and the Respondent NO. 5 who is the original complainant are in employment of the Respondent No.2. The Petitioner is the Peon and the Respondent No.5 is a Draughtsman. On 3rd August 2004, a complaint dated 22nd July 2004 came to be lodged at MRA Marg Police Station, Mumbai which came to be registered as F.I.R.2105 of 2004 dated 3rd August 2004 for the offence punishable under Section 3(1)(x) of the Atrocities act and Section 7(1)(c)(d) of the Civil Rights Act. Pursuant to the complaint, certain statements came to be recorded by the Police authorities during the course of the investigation.