The court emphasized the necessity for adherence to procedural mandates in criminal proceedings, specifically requiring compliance with Section 154(3) of the Cr.P.C. before ordering investigation.

ORDER :

(PER SHYAM C. CHANDAK, J.)

1) Present Petition seeking quashing and setting aside of the impugned Order dated 26.09.2019 passed in Cri./Misc./Appln. No.362 of 2019 by the learned Additional Sessions Judge, Pune and the consequent F.I.R. bearing No.1001 of 2019, dated 12.10.2019, registered with Hadapsar Police Station, Pune, under Sections 3(1)(r), (a), (s), 2(vii), (q), (u), (v) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC & ST Act”), and Sections 166 , 167, 120B, 504, 506, 499, 500 and 503 r/w Section 34 of the Indian Penal Code, 1860 (“ IPC ”).

2) Heard Mr. Jha, the learned Counsel for the Petitioners, Ms. Shinde, learned APP for the Respondent No.1-State and Mr. Yadav, the learned Counsel for Respondent No.2. Perused the record.

3) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

4) The facts giving rise to this Petition are that, on 11.09.2019, Respondent No.2 filed a Criminal Misc. Appln. No.362 of 2019 before the learned Additional Judge, Pune. Therein he alleged the aforesaid offences under the SC & ST Act and IPC against the Petitioners and prayed to invoke the jurisdiction under Section 156 (3) of Cr.P.C and direct the Police Station concerned to register a crime for the alleged offences and investigate. The learned Judge of the trial Court considered the Misc. Appln. and passed the impugned Order. Consequently, Hadapsar Police Station, Pune registered the impugned FIR bearing No.1001 of 2019, dated 12.10.2019 for the alleged offences. The relevant paragraph of the impugned Order reads:-

"Considering the nature of the offence, this court thinks it proper to direct investigation as per section 156(3) of Cr.P.C. Original compliant be sent to Hadapsar Police Station for investigation as per section 156(3) of Cr.P.C. ACP of the concerned Zone including Hadapsar Police Station area is directed to make investigation into the present complaint."

5) As stated in the impugned FIR, the case of Respondent No.2 is that, large scale illegal businesses of liquor, gambling, narcotics, betting including prostitution have been operating within the area of Pune Loni Kalbhor. Consequently, youngsters in the said vicinity and others became addicted to the liquor, contraband etc. and committing serious crimes. Their family life has been ruined. It is alleged that Petitioners are taking haptas/extorting money from the said illegal businesses. Respondent No.2 filed a representation with the Police Superintendent (Rural), Pune on 05.09.2019 seeking inquiry against the Petitioners and to close down the said illegal activities. The Petitioners learnt about the said representation. Therefore, on 06.09.2019 and 07.09.2019 Petitioner No.2 repeatedly called Respondent No.2 on phone and told him that he wanted to meet him. Then, as suggested by Petitioner No.2, on 07.09.2019 at about 3.30 to 4.00 p.m. Respondent No.2 went to hotel Pranam at Hadapsar. Petitioners were present there, waiting for him and they forcibly took him inside the hotel. Thereafter, the Petitioners threatened Respondent No.2 to take back his representation/call off Agitation otherwise they would not leave him alive. Petitioners were aware that Respondent No.2 belonging to Hindu Mahar social status, however, they insulted him on castes making derogatory remarks. It is alleged that, Petitioner No.2 was on police duty on that day.

It is alleged that, on the same day, Respondent no.2 visited at Hadapsar Police Station to file the complaint and narrated the incident. However, the Thane Amaldar did not register his complaint and suggested him i.e. Respondent No.2 to meet Mr. Raghunath J