RAM KASHIRAM SALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code) , the prayer is made for quashing the proceeding of Criminal Case No. 66/ pw/2004 pending on the file of the learned metropolitan Magistrate, 22nd Court, andheri, Mumbai. The said Criminal Case is on the basis of the F. I. R. No. 300 dated 10th August 2003 lodged by the third Respondent with Sahar Police Station, mumbai alleging commission of offences under sections 141, 142, 143, 144, 146, 147, 148, 149, 326, 323, 324 and 427 of the Indian Penal Code against the applicants and others.

(2.) In the F. I. R. the first respondent has alleged that he is an employee of M/ s. Cambata Aviation Pvt. Ltd. and he has been working as a loader. He stated that in the said company there was a union of bhartiya Kamgar Sena under the leadership of Mr. Suryakant Mahadik and Mr. Kiran Bawkar. According to him the workmen were not happy with the functioning of the said union and therefore, he along with his colleagues were trying to bring another union viz. Rastriya Majdoor Sangh in M/ s. Cambata Aviation Pvt. Ltd. However, this was not liked by some workmen of M/ s. Cambata Aviation Pvt. Ltd.

(3.) According to the third respondent, on 9th August 2003 a meeting was held in presence of he himself, Sharad Sawant, Suresh patil, Ganesh Parab, Deepak Kandal-gaonkar, Ganesh Palande at 3. 00 p. m. as regards bringing the Rashtriya Majdoor sangh as a union in Cambata Aviation Pvt. Ltd. After completing the discussion at about 22. 45, the said persons left the office of M/s. Cambata Aviation Pvt. Ltd. There is a ground in front of the office. At that time, the applicant and others came towards the first informant and his colleagues. It is alleged that the applicant No. 2 started assaulting Sharad Sawant. The applicant No. 1 by an iron rod assaulted the third Respondent on his left hand. The applicant no. 6 assaulted one Dilip Kandalgaonkar by giving the fist blow on his eye. The said dilip gave a fist and kick blow to one Ganesh palande. Applicant Nos. 7 and 8 assaulted one Ganesh Parab. Applicant Nos. 3 and 4 thereafter assaulted Sharad Sawant by giving him fists and kick blows. The applicant no. 2 assaulted Sharad Sawant on his head by using an article and blood came out of the injury sustained by the said Sharad. According to the third respondent, they ran away from that place for saving their lives and reached the Sahar Police Station.