1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.4523/2008 (Mandabai w/o Domaji Nikhade .vrs. State of Maharashtra and another) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Mr. Abhay Sambre, Advocate for the applicant, Mr. S.S. Doifode, APP for respondent no.1/State. .......... Coram : R.C. Chavan, J. Dated : 17th January, 2009. 1. Heard the learned counsel for the applicant and the learned APP for respondent no.1/State. 2. This is an application under Section 482 of the Code of Criminal Procedure for quashing of FIR filed against the applicant. The complaint mentions that on 11.12.2008 the applicant, who was Sarpanch of the Gram Panchayat, pressurized the complainant i.e. 2 respondent no.2 Naresh s/o Girma Mattami, who was Secretary of the Gram Panchayat, to write the Proceeding Book in the manner they wanted. One Girdhar Kumbhare snatched the Proceeding Book and slapped the complainant. Vipin Prabhakar Naik and Devchand Bhivgade gave abuses, out of them Vipin Naik gave caste based abuses. The report itself shows that the present applicant was merely present and had threatened the complainant to write the Proceeding Book in a particular fashion. Thus, the applicant is not shown to have uttered any caste based abuses or insulted or humiliated the complainant – respondent no.2. 3. I have perused the reply filed on behalf of the State and also perused the case diary produced by the learned APP. It also does not show any participation of the applicant in the offence under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as also an offence of assault on respondent no.2. 3 4. In view of this, the application is allowed. The F.I.R. as against the applicant namely Mandabai w/o Domaji Nikhade for the alleged commission of offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 353 r/w 34 of the Indian Penal Code is quashed and set aside. If she is engaged in any another offence, the Investigating Officer would be at liberty to proceed further. JUDGE Gulande