UTTAM DAULAT BAVISKAR Vs. AMITABH ROY CHOUDHRY & ANR.
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Uttam Daulat Baviskar
Amitabh Roy Choudhry And Anr.
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V.K. Jadhav, J. -
(1.) By way of this writ petition, the petitioner seeks quashing and setting aside of the judgment and order dated 8.12.2006 passed by the learned Adhoc Additional Sessions Judge, Jalgaon in Criminal Revision No. 368/2005.
(2.) Brief facts, giving rise to the present writ petition are as under :
The petitioner had filed a private complaint against respondent no.1 for having committed the offence punishable under Sections 448, 379, 427 of Indian Penal Code and Section 3(1)(x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for the sake of brevity hereinafter referred to as "the Atrocities Act ") . It has alleged in the complaint that, the petitioner has been working in the Ordinance Factory, Bhusawal since last 25 years and he has been allotted one Government residential Quarter by the employer and he was residing in the said quarter. It has further contended in the complaint that, petitioner belongs to 'Mahar' Scheduled Caste and due to his caste respondent no.1 used to behave with him in a rude and bad manner. Even, he had managed to cancel the allotment of the quarter to the petitioner. It has further alleged in the complaint that, on 1.8.2005 when the petitioner was on duty respondent no.1 got vacated quarter without giving any intimation to him. Even during the course of the said eviction, respondent no.1 had abused the petitioner on his caste basis and further insulted the feelings of petitioner by throwing photo frame of Dr. Babasaheb Ambedkar on the ground. The petitioner has, therefore, approached City Police Station, Bhusawal and lodged the complaint, however, police did not take any action and, therefore, he has filed complaint in the court.
(3.) Learned Magistrate after taking verification and on perusal of the documents issued process against respondent no.1 for the offence p/u/s 3 (1) x) of the Atrocities Act. So far as other offences are concerned, as alleged in the complaint the Magistrate has declined to issue process under the said offence.;
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