SANJAY RAMBHAU GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) Heard finally with the consent of parties.

(3.) By this petition under section 482 Criminal Procedure Code applicant seeks to quash the F. I. R. registered against him. It is alleged that applicant is a municipal Councillor and is a law abiding citizen. He is said to be Vice President of the Nationalist Party. On 4-6-2007 one Ratna Morey who happens to be the neighbour of the applicant, lodged report with the police. There is a common lane which leads to the house of the applicant as well as that of the complainant Ratna morey. Applicant Sanjay Gaikwad started construction of house. In order to carry out said construction some portion was being dug. Aggrieved by this Ratna morey the complainant went to persuade the applicant not to carry out the said construction. It is alleged that when she went there applicant Sanjay abused her in filthy language and said that you Bhilas are not fit to live in city since you belong to Jungles. He also threatened that he would put kerosene on her person and set her on fire. He beat her. At that time complainant lost her Mangalsutra. It is alleged in the said complaint lodged by Ratna further that the accused/applicant said that he belongs to Maratha Caste. With these allegations she lodged report. Offences under sections 392, 323, 504, 506 and 294 of Indian penal Code and section 31 (l) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act came to be registered. It is this F. I. R. which the petitioner seeks to quash.