1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 1063 OF 2009 Suryakant s/o Ramdas Mundhe Versus The State of Maharashtra and another. Mr. S. R. Kedar, Advocate i/b Mr. S. V. Mundhe, Advocate for the Applicant. Mr. B. R. Warma, Advocate for Respondent No.2. *** 1. Heard counsel and also the assisting counsel extensively. 2. The counsel for the original complainant,by inviting my attention to the judgment of the Apex Court in the matter of "Ashabai Machindra Adhagale V/s State of Maharashtra and others" decided on 12th February, 2009 - (2009 (1) Supreme 732; contended the F.I.R. of the complainant need not be treated to be encyclopedia of the details and consequently the investigation should have been further allowed to be continued and matter should not be heard based on only F.I.R. or few statements. 3. Reading of the statement of the victim dated 27th March, 2009 for an incident dated 23rd March, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2009, indicate, she had been to the house of the accused, the Sarpanch Suryakant seeking for residential certification and instead of complying her request, it is alleged, she was abused in the name of her caste and driven away. On her way, she came across Santram Ganpati Tidake, Dattatraya Waman Munde and Balu Waman Munde, all residing at Ladzari and they inquired with her as to what has happened, upon which she narrated the incident at the house of the accused/ applicant Suryakant. 4. We have the statement of Santram and Dattatraya who disputed of any such incident having taken place. According to them, it was the narration of the complainant but they did not ask anything. The caste certificate of the victim is taken charge. Spot Panchanama is drawn. It is obvious, the incident has taken place in the residence of the Sarpanch, though for which in affidavit in reply the complainant states that at the material time there was temporary office at the residence of the Sarpanch. It is not in public view or public place. The factual details more lean to indicate that for an incident dated 23rd March, 2009, belated 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. approach to the police, has not been properly explained. Condensed form of the report, reading from any angle, will not be bringing the case within infraction of provision of section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevision of Atrocities) Act, 1989. 5. There is no quarrel on the proposition that the F.I.R. under section 154 Cr. P. C. cannot be encyclopedia or thesis of the events. Further, reading the F.I.R. in the instance case, even if it is taken in condensed form, it does not disclose any offence at the hands and behest of the accused applicant - the Sarpanch. 6. The learned counsel representing the accused, inform that in the village there is political rivalry and the complainant has been used as a stooge. Without adverting to these aspects, the fact remains that the F.I.R. is taken logically to its conclusion, even if taken to be true or correct, prima facie, does not make out any case against the accused. The prosecution case more lean to be absurd. 7. The F.I.R. vide Crime No.8 of 2009 registered with Gramin Police Station, Parli Vaijnath for the 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. offence under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is quashed and set aside. [K. U. CHANDIWAL, J.] Dated:28/07/2009. ans/1063