IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.M. BADAR, J.
Sapana Korde Nee Ketaki A. Ghodinde - Appellant
Vs.
The State of Maharashtra & Anr. - Respondents
Criminal Appeal No. 965 of 2017
Decided On : 09-01-2019
Indian Penal Code,1860 - Sections 167, 177, 182, 211, 500 read with Section 34 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(p), 3(2)(q) and 3(2)(vii) - Code of Criminal Procedure,1973 - Section 197 - SC & ST Act - Section 18 - Atrocities Act - Section 18 or 18A - Professor lodged a false complaint against him - Grant the prearrest bail in favour of accused - First Informant/respondent relevant time, was working as the Storekeeper with the College of Engineering, Pune had lodged report against accused persons including appellant/accused with Police Station - FIR has resulted in registration of the subject crime - First Informant/respondent in his FIR has alleged that previously at his instance Crime No.164 of 2016 came to be registered against incharge Director of Technical Education of the State of Maharashtra namely and that matter was pending for sanction under Section 197 of the Code of Criminal Procedure with the State Government. First Informant/respondent further averred that this Court had dismissed petition of said Subhash Mahajan for quashing the proceedings of Crime – Held, appellant/accused Sapana Korde, as such, cannot be sustained - It is required to mention that whole substratum of the FIR lodged by the respondent against the accused persons is based on his previous report lodged against then incharge Director of Technical Education of the State, which ultimately resulted in registration of Crime - Honourable Apex Court in the matter of Mr. Subhash Kashiis pleased to quash the proceedings - Case is required to be made out in respect of the offence of atrocities - Case in hand, there is absolutely no case of offence of atrocities against appellant/accused - Assistant Professor working with the College of Engineering of the matter, bar of Section 18 or 18A of the Atrocities Act is not applicable to the case in hand - Appeal is allowed
Leave to amend. The amendment be effected forthwith.
2. Heard.
3. Admit.
4. Heard finally considering the fact that the application is challenging the Order rejecting the application for anticipatory bail moved by appellant/accused Sapana Korde @ Ketaki A. Ghodinde, Assistant Professor working with the College of Engineering, Pune.
5. By this appeal, the appellant/accused Sapana Korde is challenging the Order dated 15/11/2017 thereby rejecting her claim for grant of prearrest bail in Crime No.3210/2017 registered with Police Station, Khadki for offences punishable under Sections 167, 177, 182, 211, 500 read with Section 34 of the Indian Penal Code as well as under Section 3(2)(p), 3(2)(q) and 3(2)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Atrocities Act' for the sake of brevity).
6. Facts in brief leading to the registration of the crime in question and consequent rejection of the application for anticipatory bail moved by the appellant/accused Sapana Korde, Assistant Professor working with the College of Engineering, Pune are thus :
(a) First Informant/respondent No.2 Bhaskar Karbhari Gaikwad, who, at the relevant time, was working as the Storekeeper with the College of Engineering, Pune had lodged report against accused persons including appellant/accused Sapana Korde with Police Station Nigdi on 02/11/2017. This FIR has resulted in registration of the subject crime No.3210 of 2017. First Informant/respondent No.2 Bhaskar Gaikwad, in his FIR has alleged that previously at his instance Crime No.164 of 2016 came to be registered against the incharge Director of Technical Education of the State of Maharashtra namely Subhash Mahajan and that matter was pending for sanction under Section 197 of the Code of Criminal Procedure with the State Government. First Informant/respondent No.2 Bhaskar Gaikwad further averred that this Court had dismissed petition of said Subhash Mahajan for quashing the proceedings of Crime No.164 of 2016. Thereafter, accused persons namely B.B.Ahuja, the Director, Girish Joshi, the Administrative Officer of the College of Engineering, Pune and the appellant/accused Sapana Korde indulged in criminal conspiracy for compelling First Informant/respondent No.2 Bhaskar Gaikwad to withdraw the FIR in Crime No.164 of 2016 registered against the incharge Director of Technical Education Subhash Mahajan. For this purpose, according to First Informant/respondent No.2 Bhaskar Gaikwad, these accused persons started legal process to defame him. It is further averred in the subject FIR that on 06/05/2017, appellant/accused Sapana Korde, Assistant Professor lodged a false complaint against him by email. B.B. Ahuja and Girish Joshi then ordered inquiry of that complaint by a Committee constituted for prevention of sexual harassment of women at the work place. It is further averred in the FIR that on 31/05/2017, Professor Smt. Neela Rajhans informed the First Informant that no sexual harassment took place. With this, First Informant/respondent No.2 Bhaskar Gaikwad reported that only to pressurize him to withdraw the FIR lodged by him against the incharge Director of the Technical Education Department namely Subhash Mahajan, the action of lodging complaint against him and the consequent actions were taken by the accused persons. This was done to screen said Subhash Mahajan from legal punishment, which might have been inflected on him under the provisions of Atrocities Act. It is further averred in the FIR that there is threat to life and property of the First Informant at the hands of B.B. Ahuja, the Director of the College of Engineering, Pune, Girish Joshi, the Administrative Officer of the said College and from the appellant/accused Sapana Korde, Assistant Professor.
(b) After lodgment of this FIR with the Police Station, Khadki and registration of the subject crime, all accused persons namely B.B. Ahuja, the Director of the College of Engineering
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