JUDGMENT

Prakash D. Naik, J. - Heard both sides for final disposal. The petitioner has preferred this petition by invoking Article 227 of the Constitution of India as well as inherent powers of this Court under section 482 of Code of Criminal Procedure, 1973. The petitioner has challenged the order dated 21st January, 2014 passed by Sessions Judge, Thane rejecting the application for discharge.

2. The prosecution case is as follows :-

On 9th February 2013, the birthday of MLA and District incharge Shiv Sena Shri. Eknath Shinde was being celebrated and as a part of celebration cricket match was arranged. To offer birthday wishes, the party had displayed a banner on 1st February, 2013 at Vartak Nagar Naka near office of Congress Party. The accused is the Corporator of Congress Party. The complainant was informed by his brother on phone that the banner which was displayed at the aforesaid place has been removed by some persons, and on receiving the said information the complainant visited the said place. He was accompanied by his friend Jagdish Parmar. The complainant asked the persons accompanying him to display the banner again on the hoarding stand. At that time the accused and his associates came out of the office of party. The accused questioned the complainant as to how he can display the banner. At that time, the complainant informed him that the hoarding belongs to vision publicity and he cannot object for displaying the said banner. The accused abused the complainant on the basis of his caste. The accused also assaulted the complainant by fist blows. Thereafter, the brother of the complainant and other supporters of party reached at the place of incident. The police also reached at the spot. On the basis of the First Information Report registered on 24th February, 20130, the offences were registered vide C.R. No. I-71 of 2013 with Vartak Naga Police Station under Section 323, 504, 506 readwith 34 of Indian Penal Code and Section 3 (1) (10) of Prevention of Atrocities against Scheduled Caste and Scheduled Tribes Act. The investigation was conducted by the police. Statements of several witnesses were recorded and thereafter charge sheet was filed before the Court.

3. The petitioner preferred an application for discharge before the trial Court. The said application was rejected by the Sessions Court by order dated 21st January, 2014 while rejecting the said application it was observed that the contents of FIR, statement of witnesses and the evidence on record is sufficient to proceed against the petitioner/accused. It was also observed that, the petitioner/accused will have an opportunity to set up his defence during the course of the trial.

4. In support of prayer for discharge the learned Advocate for the petitioner made following submissions :-

i) The petitioner has been falsely implicated in this case on account of political enmity. The mother of the complainant is the Corporator from Ward No. 17 and she belongs to Shiv Sena Party, whereas the petitioner belongs to Indian National Congress party.

ii) On 5th February, 2013 at about 4 p.m. the complainant and his associates had been to the office of the Indian National Congress Party at Vartak Nagar and tried to install hoarding of their party atop the office of the petitioner. The petitioner objected the said act as it was absolutely illegal and without the permission of local authority. In the circumstances, there was a quarrel between two groups. The petitioner intimated the said fact to Vartak Nagar Police Station as well as the Police Control Room. Thereupon, Police immediately arrived at the spot and intervened in the said quarrel.

iii) The petitioner has lodged his complaint in respect to the incident with Vartak Nagar Police Station whereupon the First Information Report was registered on his complaint vide C.R. No. I-52 of 2013 for the offence under Sections 447, 504, 506 of IPC and Sections 37 (3), 135 of Bombay Police Act against the respondent No. 2.

iv) As a c