CriAppln-523-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 523 OF 2021

1]

Balkrushna s/o Uttamrao Mule

Age-39 years, Occupation - Agril.,

2]

Maharudra s/o Laxman Wani

Age-37 years, Occupation - Agril.,

3]

Laxman s/o Govindrao Wani

Age-70 years, Occupation-Agriculture,

All R/o. Limbaganesh,

Tq. & Dist. Beed.

… Applicants

[Original Accused]

Versus

1]

The State of Maharashtra,

Through Police Station Neknur,

Dist. Beed.

2]

Balkrushna s/o Tukaram Thorat

Age-55 years, Occupation-Service,

R/o. Limbaganesh,

Tq. & Dist. Beed.

… Respondents

[R. No.2 is Original Informant]

…..

Mr. Sudarshan J. Salunke, Advocate for the Applicants.

Mr. S. D. Ghayal, APP for Respondent No.1.

Mr. R. G. Hange, Advocate for Respondent No.2.

…..

CORAM : SMT. VIBHA KANKANWADI AND

ABHAY S. WAGHWASE, JJ.

DATE : 6^th December, 2022

JUDGMENT (PER ABHAY S. WAGHWASE, J.) :

.

All Applicant Nos.1 to 3 herein, by way of instant proceeding, are

seeking quashment and nullification of FIR and criminal proceedings arising

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out of the FIR, which has been lodged at the instance of Balkrushna Tukaram

Thorat (respondent No.2 herein). They are seeking exercise of inherent

powers under Section 482 of the Code of Criminal Procedure (for short

‘

Cr.P.C.’).

2.

Brief background of the case :

Present respondent No.2 lodged FIR informing that, applicants herein

abused him and his son on caste basis and also threatened to kill him.

According to informant, there was civil dispute between applicants and son of

informant. In the said backdrop, initially on 24-07-2019, while respondent

No.2 was at his work place, at around 08:30 a.m., applicant accused Nos.1 and

2 arrived there and threatened to withdraw the civil proceeding. Applicant

accused No.3 also joined them. In the above backdrop, they abused him on

caste basis and also beat him. According to the informant, he and accused

being residents of same village, he ignored the occurrence and did not report

to the Police. However, on 26-07-2019, accused persons again approached

him, threatened him and humiliated him on caste basis. Hence, the FIR.

On the strength of above FIR, Neknur Police Station, District Beed,

undertook investigation and after it’s completion, filed charge-sheet.

Submissions

3.

Learned Advocate for the applicants would strenuously submit that FIR

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is patently with false allegations. It was motivated only because of dispute of

land between son of informant and present applicants. He pointed out that

according to informant, there was some incident of abuse on 24-07-2019 but

there was no prompt reporting. Rather merely to harass applicants, after due

deliberation, later-on on 27-07-2019, false and concocted story is cooked up

showing that there was threat and caste abuse even on 26-07-2019.

4.

It is pointed out that though investigating machinery carried out

investigation and recorded statements of various witnesses, they are all

unequivocal about no any incident taking place regarding caste abuse or threat

either on 24-07-2019 or on 26-07-201 and moreover, FIR is lodged with

revengeful attitude.

5.

It is next submitted that son of informant - Ravindra had carried out

agreement of sale but it was not concluded only at the instance of Ravindra

and thereafter, present applicant Nos.1 and 2 purchased the said property.

Later on, son of informant - Ravindra also initiated civil proceeding in the Civil

Court and the same is pending. It is strenuously submitted that instant FIR is

basically in the backdrop of civil dispute and therefore, it’s sustainability or

continuation of such proceeding amounts to abuse of process of law.

It is further submitted that after thorough investigation, Police

machinery was about to file B-summary report. Later on, got up witnesses

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were produced by the informant, who gave false statements