Jaiprakash s/o Satyanarayan Gupta v. State of Maharashtra
2007-04-24
C.L.PANGARKAR
body2007
DigiLaw.ai
ORAL JUDGMENT : 1. Rule, heard finally with consent of parties. 2. This is an application under Section 482 of the Code of Criminal Procedure. 3. The applicant is a government servant, serving as an Engineer with the Municipal Council, Gondia. It is alleged that on the day of incident one Amol Dongre along with Rakesh Thakur had come to the office of the Municipal Council and were discussing some matters with the Chief Officer of the said Municipal Council. The applicant, who is an engineer in the Municipal Council also came there. Non-applicant-Amol Dongre complained that no care is being taken of the wards in which they live. It is said that upon this, the applicant got enraged and said that all works, in fact, are done in the locality where Maharas live. It is alleged that Mr.Dongre, the complainant, chastised the applicant that he should not use such language. Thereafter, Mr.Amol Dongre lodged the complaint with the police, upon which offence being crime No.3051/07 has been registered by Gondia Police. The offence is registered under Section 3(i)(x) of the Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act. The applicant seeks to quash the said F.I.R. 4. I have heard the learned counsel for the applicant and the learned Additional Public Prosecutor for the State. 5. The learned counsel for the applicant contended before me that the F.I.R. that is lodged by Amol Dongre . the complainant . does not disclose either his own caste or that of the applicant and in view of this no offence could have been registered under Section 3(i)(x) of the Prevention of Atrocities (Scheduled Castes and Scheduled Tribes) Act. Mr.Gupta, the learned counsel for the applicant, relied on the decision of this court reported in 2005(4) Mh.L.J.588. It has been held by this court in the said case that where a caste of the complainant and the accused is not mentioned, no offence could be registered under the Prevention of Atrocities (Scheduled Castes and Scheduled Tribes), Act. Since in this particular case, admittedly, caste either of the complainant or that of the accused is not disclosed, the offence could not have been registered. As a result, the F.I.R. being No.3051/07 registered by the Police Station, Gondia stands quashed.