LAWS(BOM)-2009-11-116

NARENDRA BHOJRAM PATIL Vs. STATE OF MAHARASHTRA

Decided On November 20, 2009
NARENDRA S/O. BHOJRAM PATIL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This application takes exception to the First Information Report No.3001/2006 registered by Police Station Officer, Police Station, Armori, Tahsil-Armori, District-Gadchiroli and consequent proceeding in Criminal Case No.9 of 2006 pending before the learned Judicial Magistrate First Class, Armori, which arise out of charge-sheet No.22/ 2006 dated 24th February, 2006 filed by the non-applicant against the applicants for the offences punishable under Sections 5 and 7(1) (d) of the Protection of Civil Rights Act, 1955 and Section 506 read with Section 34 of the Indian Penal Code.

(2.) The facts of the case are as under:- The applicants are husband and wife and both are serving as Livestock Development Officers at villages Koregaon (Rangi) and Inzewari respectively. On 11-10-2005 the applicant No.2 was on duty at the hospital at Inzewari till 11.00 a.m. and after that she left the hospital to attend a meeting of Prabhag Samitee at village Thanegaon. At about 12.00 noon Shri. Devidas Barsagade accompanied by three persons as named in the application, forcibly entered the hospital at Inzewari and tried to take photographs, which act was objected to by the staff of the hospital. On being objected, the said persons manhandled the staff and ransacked the hospital by taking away two saline bottles and documents and using abusive language and giving threats to the staff.

(3.) On 15-10-2006 the said incident was narrated by the staff and Sarpanch of the village to the applicant No.2 when she returned to the hospital. The applicant No.2, therefore, lodged a report with Police Station Armori, which registered offences under Sections 353, 379, 506 read with Section 34 of the Indian Penal Code against Devidas Barsagade and his three companions. Even a charge-sheet has been filed in respect of the said incident against those persons before the Judicial Magistrate First Class, Armori and a case is registered as Criminal Case No. 12 of 2006.