CHAKRADHAR GOPINATH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is for quashing First Information Report registered as Crime No.138 of 2009 dated 4.7.2009 with Police Station, Ardhapur, District Nanded for offences punishable under Sections 143, 323, 506 of Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "the Atrocities Act").

(2.) From the copy of the F.I.R. which is produced at Exh.A with present writ petition, it reveals that on 5.6.2009 when Respondent No.2 original complainant Ankush Waghmare was in queue on a public tap for fetching water, present petitioner No.l Chakradhar Gopinath Jadhav came and started taking water from the said tap and there were some exchange of words between Petitioner No.1 and Respondent No.2. Petitioner No.l gave abuses to Respondent No.2. At that time other petitioners came there and held Respondent No.2 Ankush and petitioner No.l beat him with hands. At that time, Petitioner No.5 also came and man handled Respondent No.2. Petitioner No.7 came and gave abuses on caste and said He also threatened to kill Respondent No.2. At that time relatives of Respondent No.2, namely, Daulat Waghmare, Amrapal Waghmare and sister Maya Tate and others intervened in the matter. It is further stated that although Respondent No.2 complainant had filed complaint on 13.6.2009, at that time he had no caste certificate with him and he was producing the same.

(3.) Heard Shri. M. V. Ghatge, Advocate for the petitioners accused, Shri. B. V. Wagh, A.P.P. for Respondent No. 1 State and Ms. Maya Jamdade, Advocate for Respondent No.2 complainant.