SANDIP VILAS POOPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed u/s. 482 of the Cr. P. C.

(2.) The applicants seek quashing of f. I. R. lodged by Respondent No. 2 on the basis of which Crime No. II-38/2007 is registered at bhingar Camp Police Station, Ahmednagar, for office U/s. 3 (l) (x) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The applicants would submit that a false complaint is lodged by Respondent No. 2 against them alleging that on 6-12-2007 at about 10-30 a. m. they threatened him and abused him on the ground of his being a member of scheduled Caste, namely, Walmiki (Bhangi). They asserted that the recitals of F. I. R. do not make out a case of cognizance for the reasons that the caste of the applicants/accused is not mentioned therein and moreover, the so-called insult was not on the ground of the Respondent being a member of Scheduled Caste.