LAWS(BOM)-2007-10-12

PRAKASH GOPALRAO POHARE Vs. STATE OF MAHARASHTRA

Decided On October 04, 2007
PRAKASH GOPALRAO POHARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Heard finally with consent of parties.

(2.) This petition under section 482 of the Code of Criminal Procedure is filed for quashing the F. I. R. lodged by respondent No. 2,

(3.) The Petitioner is an Editor of a Daily News Paper known as "deshonnati", while respondent No. 2 is said to be a Press Reporter. It is alleged that on 4-6-2007, the respondent No. 2-the complainant had gone to the office of Daily Deshonnati in order to hand over the news items. Some other news Reporters were also present there. At that time, it is alleged, that the applicant who is an accused was sitting in his cabin, while the complainant was about to leave the office. It is alleged that he was called by the peon of the applicant/accused. When he came inside, it is alleged that, he was abused by the applicant/accused on the basis of his caste. At that time, it is also further alleged that, one Ajay Bhujade and Naresh Deshmukh were sitting in the chamber. Respondent No. 2 thereafter lodged report with the police on 7-6-2007. Accordingly the police registered an offence under section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and 7 (1) (d) of Protection of Civil Rights Act. The applicant apprehends arrest on account of registration of such offence and he seeks to quash the F. I. R.