Research › Search › Judgment

Bombay High Court · body

2018 DIGILAW 1500 (BOM)

Bhagwan Laxman Borade v. State of Maharashtra

2018-06-26

K.L.WADANE, T.V.NALAWADE

body2018
ORDER : 1. The proceeding is filed under section 482 of the Code of Criminal Procedure for relief of quashing of proceeding like Criminal Misc. Application No.297/2009 which was filed before the Judicial Magistrate, First Class, Karjat, District Ahmednagar and for quashing of the F.I.R. registered on the basis of order of investigation made by the learned Judicial Magistrate, First Class under section 156(3) of the Code of Criminal Procedure. Interim relief was granted by this Court immediately after filing of the proceeding and so the case is not yet filed. 2. Respondent No.2 had approached the Judicial Magistrate for giving direction to police to make investigation. She has made allegation that in the incident dated 12-7-2009 first accused No.1 had contacted her on phone and he had asked her to come to the forest as he wanted to have physical relation with her. When she refused, at about 6.00 p.m. all the accused entered her house, they misbehaved with her by holding her and due to that she felt that there was outrage of her modesty. She shouted for help. Her sister Rajni rushed there but the accused No.3 caused bite injury to her by taking bite on her face. When father-in-law of the complainant entered the house to save the complainant, he was severally assaulted by all the accused. In the presence of the father-in-law, accused No.1 tried to remove saree of the complainant and to have sexual intercourse with her. As everybody started shouting and the neighbours started gathering, the accused persons left the place. An attempt was made to give report to the police on 13-7-2009 but police did not register the crime and so she approached the Judicial Magistrate on 23-7-2009. 3. The main contention of the applicants is that on the basis of F.I.R. given by the complainant police had taken action and chapter case report was filed before Executive Magistrate. It is contended that as the chapter case report was filed by police, the learned Judicial Magistrate ought not to have taken action on the basis of private complaint. This submission is not at all acceptable. There is grievance of the first informant that no action was taken on the basis of her report and so she had approached the Judicial Magistrate First Class. Learned Judicial Magistrate has made order after considering the allegations and reasons are given for making such order. This submission is not at all acceptable. There is grievance of the first informant that no action was taken on the basis of her report and so she had approached the Judicial Magistrate First Class. Learned Judicial Magistrate has made order after considering the allegations and reasons are given for making such order. Serious allegations are made against the applicants. In such a case and particularly when the complainant belongs to a Scheduled Caste, the things cannot be taken lightly. The purpose of Chapter proceeding is different and such proceeding cannot create bar to criminal prosecution for the same incident. 4. The learned counsel for the applicants submitted that order is made by the Judicial Magistrate to see that investigation is made by police officer, who is not below the rank of Deputy Superintendent of Police and such order cannot be made by the Magistrate. This submission is not acceptable. It is true that, under section 156(3) of the Cr.P.C. the Magistrate can give direction of investigation to the concerned police station. When the case needs to be investigated by superior officer in view of the provisions made by special enactment like the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, such precaution needs to be taken. When such order reaches the police station, the police can request the Superintendent of Police to see that proper investigating officer is appointed. Thus, no fault can be found with the order of the Judicial Magistrate. 5. Learned counsel for the applicants placed reliance on some observations made by the Apex Court in the case reported as AIR 2001 SC 668 (Central Bureau of Investigation Jaipur v. State of Rajasthan). Facts of that case were totally different and those observations are of no use in the present matter. 6. Papers of investigation are seen by this Court and they contain injury certificates showing that as many as four persons from the family of the complainant were injured on that day. In spite of that circumstance only report of chapter proceeding was given by police. This Court holds that relief claimed cannot be given to the applicants. In the result, the application stands dismissed. Interim relief is vacated.