appln-176-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.176 OF 2025 Mahesh s/o Karbhari Jadhav Age: 45 years, Occu.: Agriculture, R/o. Wakadi, Tq. Rahata, District Ahmednagar .. Applicant Versus 1. The State of Maharashtra Through Police Inspector, Police Station Shrirampur Taluka, Tq. Shrirampur, District Ahmednagar. 2. Deepak s/o Madhavrao Vetal Age: 30 years, Occu.: Labour, R/o. Wakadi, Tq. Rahata, District Ahmednagar. .. Respondents … Mr. D. R. Adhav, Advocate for the applicant. Mr. G. A. Kulkarni, APP for respondent No.1/State. ... CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ. DATE : 20 FEBRUARY 2025 ORDER [Per Smt. Vibha Kankanwadi, J.] :- . Present application has been filed by invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure for quashment of the proceedings in Special Case No.236 of 2024 pending before the learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Rahata, District (1) 2025:BHC-AUG:6972-DB appln-176-2025.odt Ahmednagar arising out of FIR vide Crime No.610 of 2023 dated 03.12.2023 registered with Shrirampur Taluka Police Station, District Ahmednagar for the offences punishable under Sections 504, 506 of Indian Penal Code, under Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocities Act”). 2. Heard learned Advocate Mr. D. R. Adhav for the applicant and learned APP Mr. G. A. Kulkarni for respondent No.1/State. It is not even necessary to issue notice to respondent No.2. 3. Learned Advocate appearing for the applicant has taken us through the contents of the charge-sheet including the FIR and he submits that the applicant has been falsely involved in the matter by respondent No.2 just to harass him. As per the FIR applicant’s son had allegedly beaten and abused to one Vivek Fulwar and then the informant says that the said incident had taken place at about 2.30 p.m. on 02.12.2023 and the informant and other persons had gone to the Grampanchayat Office Wakadi and asked the applicant as to why his son had assaulted Vivek. The applicant got annoyed and rushed towards informant and then abused the informant in the name of caste and gave (2) appln-176-2025.odt threats. In fact, no such incident had taken place. Ingredients of the offence are not made out. The FIR is out of village political rivalry. The applicant had helped his friend Amol Shelke in Grampanchayat elections in the month of November 2023 and respondent No.2 is from the rival group. Therefore, taking disadvantage, there is false implication. 4. Since the applicant had invoked the jurisdiction under Section 482 of the Code of Criminal Procedure, we would be considering the facts of the case on prima facie basis and also would take the contents of the FIR into consideration. In the inquiry under such applications this Court cannot go into the defence that is raised, which requires independent evidence to be led by the accused or merely on the basis of surmises and conjunctures. It is required to be considered as to prima facie present facts of the case are disclosing the offence under which the charge-sheet is filed or even whether any other offence is transpiring. Here, the FIR is lodged with Shrirampur Taluka Police Station and it was basically under the Atrocities Act and, therefore, the investigation was handed over to Sub Divisional Police Officer, Shrirampur Division. Therefore, there is absolutely no procedural lacuna that has been left. In the FIR also the (3) appln-176-2025.odt informant gives his caste and also that of the present applicant. They are from the same village. The first incident appears to have taken place at about 2.30 p.m. on 02.12.2023 in the college premises namely C.D. Jain College, Shrirampur wherein the son of the present applicant and his friend had given abuses to one Vivek Fulwar. Informant says that after Vivek had come to house he had informed the said fact to his family members as well as to the informant and others. Therefore, Vivek’s father and persons residing in the neighbourhood went to Wakadi Grampanchayat Office at about 4.00 p.m. where they met the present applicant. Informant then asked as to why his son had assaulted Vivek, thereupon applicant rushed towards him and asked him as to how he is concerned. Informant told him that he resides in the neighbourhood of Vivek and, therefore, why he is abusing. Then the present applicant abused in the name of caste to the informant and gave threats by saying “rqEgh pkaHkkj yksd dhrh vkgkr] rqEgh pkaHkkjM~;kgks eqBHkj vkgs] rqEgh [kqi ektys vkgs- eh ikVhy vkgs] rqEgkyk xkokr jgk;ps rj uhV jgk-” This abuse was given to the informant as well as his mother. The charge-sheet would show that there are statements of one Shubham Fulwar, Siddharth Shinde, which were supporting the prosecution. They are not from the same (4) appln-176-2025.odt caste or related to informant as it so appears from their statements. Even the present applicant has not came with the case that these two persons are either friends or relatives of the informant and, therefore, prima facie the ingredients of the offence are made out and, therefore, this is not a fit case where we can exercise our powers under Section 482 of the Code of Criminal Procedure. Hence, the application stands rejected at the threshold. [ SANJAY A. DESHMUKH ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm (5)