BHASKAR Vs. STATE OF MAHARASHARA

JUDGEMENT

(1.) Heard the learned Counsel for the respective parties.

(2.) By this application u/s. 482 of the Code of Criminal Procedure, the applicant has prayed for to quash and set aside the F.I.R. No.3011 of 2011 lodged u/s. 3 (1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act ) r/w. Sections 294 and 504 of the Indian Penal Code.

(3.) The learned Advocate for respondent no.2 submitted that the complaint which was lodged by respondent no.2 is prior to the complaint of theft which was lodged by the applicant as a counter blast to the complaint lodged by respondent no.2 and there was no incident of theft at all. According to respondent no.2, there was representation from ninety-five villagers regarding nuisance caused by falling leaves of Gulmohar tree over water well and pursuant to the meeting convened by Sarparch, a resolution was passed, as a result of which, it was decided to cut the Gulmohar tree and respondent no.2, who was Up-Sarpanch, in his Official capacity and in good faith, had to carry the wood by bullockcart to the building wherefrom the Health Diet Scheme is run. On 31.1.2011, the Village Panchayat of Barad Kini had convened a meeting regarding the action of cutting of the Gulmohar tree and carrying the woods to the building from where the Health Diet scheme is run so as to use the wood for cooking food and to note necessary entries in respect of the action of cutting the tree at the instance of the villagers.