CRIMINAL APPEAL NO. 597 OF 2019

13th January 2020

Petitioner Counsel: Mr. M. L. Jadhav
Respondent Counsel: Mr. M. J. Khan Mr. Amol Darekar
Act Name: Indian Penal Code, 1860 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section :
Section 34 Indian Penal Code, 1860 Section 452 Indian Penal Code, 1860 Section 506 Indian Penal Code, 1860 Section 3(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 14-A Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 18 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Cases Cited :

JUDGEMENT

1. Heard. ADMIT. Taken up for final disposal with the consent of the learned counsel for the parties.

2. The applicants were apprehending their arrest in connection with Crime No.99/2019 registered with Police Station, Karanja, Dist. Washim for the offence punishable under Sections 452, 506 read with Section 34 of the Indian Penal Code and under Section 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act” for the sake of brevity). Therefore, they moved an application before the learned Additional Sessions Judge, Washim. The said application was registered as Misc. Criminal Application No. 73/2019. The application was opposed by the prosecution and the learned Additional Sessions Judge, Link Court Mangrulpir, Camp at Washim, dismissed the application on 29.4.2019. Therefore, the present statutory appeal under Section 14-A of the Atrocities Act.

3. I have heard Mr. M. L. Jadhav, the learned counsel for the appellants, Mr. M. J. Khan, the learned Additional Public Prosecutor for respondent no.1/State and Mr. Amol Darekar, the learned counsel for respondent no.2.

4. The State has filed reply. As per the reply, respondent no.2 Rahul, the complainant, is a Police Head Constable and was working with Police Station, Dhanaj. He was assisting Police Inspector Khanderao in connection with Crime No. 382/2018. As per the prosecution case, in the said crime, one accused from Ramabai colony was arrested. After his arrest, on 30.01.2019 at about 10.13 hours, the complainant received a call on his cell phone from mobile no. 7741022720 whereby the person calling extended threat to the complainant. Therefore, Rahul lodged complaint with the police station.

5. As per the prosecution case, on 01.3.2019, the complainant received a call on his cell phone from cell phone no.9545539968 and somebody enquired whether he is Rahul or not. When complainant replied in affirmative, thereafter he used derogatory words in the name of caste. According to the prosecution case, thereafter on 14.03.2019, the complainant received a phone call from his elder daughter Ku. Tanisha, whereby she informed that when she was at house, one person by name Gajanan i.e. present applicant, his wife, daughter and son-in-law entered the house and enquired about her father and extended threat.

6. In view of the aforesaid nature of accusations, it is crystal clear that the obscene words in the name of caste were not given in anyone’s presence nor the complainant is sure that it is the applicant who used the derogatory words in the name of caste. Further, it is not the complainant’s case that those words spoke on telephone were overheard by anybody. Insofar as alleged visit of the applicant along with his family members to the house of the complainant, that time admittedly the complainant was not present in the house and that time only his daughter was present. Her statement also does not show that the applicant or any of his family members used derogatory words in the name of caste. Therefore, in my view, prima facie, no offence is committed under the Atrocities Act.

7. In that view of the matter, the Court below has committed a mistake in dismissing the application as not maintainable in view of Section 18 of the Atrocities Act. That leads me to pass the following order :
ORDER
1. The criminal appeal is allowed.
2. The order passed by the learned Additional Sessions Judge, Link Court Mangrulpir, Camp at Washim dated 29.04.2019 in Misc. Criminal Application No. 73/2019 is hereby quashed and set aside.
3. In the event of arrest of applicants – (1) Gajanan Pandir Chavan ; (2) Chhaya Gajan Chavan ; (3) Sachin Dhanraj Jadhav ; and (4) Rupali Sachin Jadhav, in connection with Crime No.99/2019 registered with Police Station, Karanja, Dist. Washim for the offence punishable under Sections 452, 506 read with Section 34 of the Indian Penal Code and under Section 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, they be released on bail on they executing PR bond of Rs.5,000/- each with one solvent surety of the like amount.
4. With this, the appeal is allowed and disposed of.