SAMBHAJI WAMANRAO SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally. Rule, made returnable and heard forthwith. The petitioner has questioned FIR vide Crime No. 3007/2008 for offence under section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and section 7(1)(d) of Protection of Civil Rights Act, lodged by respondent No. 2 Nitin. The petitioner was working as Superintendent, G.S.S. Grade-B at Panchayat Samiti, Ahmadpur, Dist. Latur, from June 2006 to February, 2010. His wife was Block Development Officer, Ahmadpur taluka, at the relevant time. As part of his official duty, he was required to visit and inspect various schools. Accordingly, on 17.7.2008, he had visited Vasantrao Naik Ashram School at village Kingaon, Tq. Ahmadpur, Dist. Latur (School) where he noticed various illegalities. He was required to call upon the concerned for giving explanation. He has alleged, Dr. Ambadas Gulave, who conducts the school, prevented him from carrying his lawful official activities; he was even assaulted in the Chamber of the Headmaster of the school. The petitioner, somehow, managed to leave in injured condition, reached at Ahamadpur where he was required to take treatment at Government Rural Hospital. His initial statement came to be recorded by officers of Ahmadpur Police Station which was forwarded to Kingaon Police Station and concerned Police registered Crime No. 70/2008 under sections 353, 332, 342, 504 and 506 read with section 34 of IPC against Ambadas Haribhau Gulave, Hemant Ambadasrao Gulave, Prashant Ambadasrao Gulave and Nitin Madanrao Chikte.

(2.) It is also canvassed by the petitioner, the assault on him was talk of the town and has even emerged in the local newspaper. He was required to be admitted at Sushrut Hospital, Ahmadpur for few days.

(3.) It is alleged, as a counter to the said prosecution, Shri Ambadas Gulave influenced his employee Nitin Chikte, a person belonging to Scheduled Caste/Scheduled Tribe to file FIR for infraction of provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act of 1989). Consequently, a FIR vide Crime No. 3007/2008, was registered on 19.7.2008 at about 13.15 hrs. Copy of the FIR illustrate, said Nitin had approached concerned Police at Kingaon, on 17.7.2008 at 22.00 hours. After preliminary investigation and recording of the statement, charge-sheet in the said crime was filed.