1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2200/2007. (Vilas Ramrao Munde and Ors. Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Vivek Bhavthankar, Adv. for Petitioners; Mr.SG Nandedkar, APP for State; Mr.AB Tidke, Adv. h/for Mr.Sachin Deshmukh, Adv. for R.2. ___ CORAM : K.U.CHANDIWAL, J. DATE : 5 th October,2009. 1. Rule, Rule made returnable forthwith by consent of parties and heard Counsel for the parties finally at the admission stage. 2. The petitioners/accused seek indulgence of this Court in terms of Section 482 Cr.P.C. to quash the proceedings in Crime No.234/2007 to the extent of offence under Section 3(x) of the Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. In an incident dated 18th May, 2007, there were altercations, manhandling between Nathrao Palwade and his other relations in the village. The root cause was his marriage with Smt. Mangalabai Ramkishan Khattamal, 2 belonging to SC/ST community. 4. The Counsel submits that the F.I.R. of Smt. Mangalabai dated 6.6.2007 for the incident dated 18th May, 2007 is an after-thought and the same is lodged to harass, humiliate and create pressure on the accused/petitioners. The Counsel further submits, the earlier incident dated 18th May, 2009, if indeed was coached with any such allegation of abuse on the caste, it should have its reflection in the report lodged by Nathrao Parbatrao Palwade dated 19.5.2007 and hence exercise of powers under Section 482 Cr.P.C. is warranted. 5. It is well settled, a report, in terms of section 154 Cr.P.C., cannot be an encyclopedia of all the facts and details, nor it should be a thesis. At this stage of considering the application under Section 482 Cr.P.C., a roving inquiry in the matter and point blank analysis therefor is not desired. The statement F.I.R. made by the wife need not be an afterthought, for that purpose the quashment is not the answer. 6. It is a matter of record that the complainant – Mangalabai belongs to backward community (Cobbler) and she has married against the wishes of the community with Nathrao. She has also highlighted the incident in meticulous 3 manner. It is curious, in the report of Nathrao, he has also in unmistakable terms indicted the present petitioners/accused, having assaulted his wife Mangalabai, the complainant by an axe, sticks and rod. 7. In this scenario of the matter, exercise of power, under Section 482 Cr.P.C., is not warranted. Criminal Application rejected. Rule discharged. 8. The observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/cran2200.07