1 CRI.APPLN.NO.1584/2007 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1584/2007 Sambhaji s/o Anushrao Kolhe Age: 26 Yrs., occu. Agril. R/o Gurupimpri, Tq. Ghansawangi, District Jalna. - APPLICANT (orig.Accused) VERSUS 1) The State of Maharashtra 2) Prabhakar s/o Baliram Kamble Age: 27 Yrs., occu. Service, R/o Nagulgan, Tq. Kalamb, District Osmanabad. At present residing at Gurupimpri, Tq.Ghansawangi, District Jalna. - RESPONDENTS ***** Mr.RM Deshmukh, Advocate for Applicant; Mr.KM Suryawanshi, APP for State; Mrs.SS Jadhav, Adv. for Respondent No.2. ----- CORAM : K.U.CHANDIWAL, J. DATE : 27th January, 2011. PER COURT : 1) Heard learned Counsel for the respective parties. Rule was issued on 8.8.2007 with interim protection in favour of the applicant. 2) The applicant questions prosecution in 2 CRI.APPLN.NO.1584/2007 terms of infraction of Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3) The Counsel for the applicant/accused submits, by reading the statements of three witnesses, nobody supports version of the complainant and hence the accusation for abusing the complainant on his caste should be quashed. 4) Three witnesses have referred of having heard of some events, a brawl between the applicant/accused and the complainant/teacher. The the complainant was on his way while returning from school to the room, the accused/applicant allegedly intercepted him, had grudge in his mind for earlier events and allegedly abused him on his caste. The complainant, though has stated that due to his yelling, the people surrounding rushed, they have intervened, however, the three witnesses did not support him. Non-support from the three witnesses by itself, at this stage, will not diminish the worth of the statement of the complainant, who faced the brunt of annoyance and abuse on his caste at the instance of the applicant/accused. Consequently, the quashment of the proceedings, at this stage, is not desirable. The principles, as enunciated in the 3 CRI.APPLN.NO.1584/2007 matter of State of Haryana and Ors. Vs. Bhajan Lal and Ors. – (1992 SCC (Cri.) 426 ), display that no such events are emerging to take recourse to brand the proceedings as abuse of process or made to resolve any other vendetta or programme between the complainant and the accused/applicant. 5) The application lacks merit, dismissed, Rule discharged. The observations are prima facie in nature. Interim protection dated 4.5.2007 is extended for further period of four weeks. ( K.U.CHANDIWAL ) JUDGE bdv/