LAWS(BOM)-2009-7-23

VIKAS DATTATRAYA JANJIRE Vs. STATE OF MAHARASHTRA

Decided On July 27, 2009
VIKAS DATTATRAYA JANJIRE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Perused. Rule. Rule made returnable forthwith and by con sent of learned respective Counsel of the par ties, matter is taken up for final hearing.

(2.) The applicant (original accused) has filed the present application requesting that F.I.R. of C.R. No. 11-28/2006 of Police Sta tion, Ajintha be quashed and set aside.

(3.) On 21.11.2006, the respondent No. 2 (original complainant) Prayagbai lodged F.I.R. with the Police Station, Ajintha, alleging that since last two years she is cooking Khichadi at Primary School, Sirsala under the Daridrya Reshe Khalil Mahila Magasvargiya Bachat Gat Scheme. She also contended that she was paid 38 ps. per student as remuneration and the applicant herein used to deduct 1/4th amount from her bill under the pretext that the said amount was to be paid as contribution to the scheme. It is also alleged by respondent No. 2 that on 4.10.2006 her husband had been to Panchayat Samiti, Sillod and on enquiry, he learnt that no such contribution was required to be paid. Hence, on the next day, the respond ent No. 2 went to the school and demanded her bill of Rs. 3692/-. Thereupon, the applicant herein alleged to have demanded an amount of Rs. 1000/-. The respondent No. 2 refused to pay the same. It is, however, alleged that, on her refusal, the applicant abused her say ing that "She is Mahar, is Dedpat and as she is Mahar and therefore, she is unskilled to cook Khichadi" and accordingly, the appli cant saying so, alleged to have expelled her from the school.