1 Appln.: 3746/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3746 OF 2010 Sushilkumar N. Dubey .... Applicant Vs. The State of Maharashtra & Anr. .... Respondents Mr. H.R. Sharma, Advocate for applicant. A.S. Pai, APP for State. Mr. Hiten Venegavkar, Advocate for respondent no.2. Coram : Smt. R.P.SondurBaldota, J. Date : 5th July, 2011 P.C. 1. This application is filed under Section 482 Code of Criminal Procedure seeks quashing of F.I.R. No.I-149/2010 under Section 420 Indian Penal Code and 3(1)(10) read with 7(1)(d) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as Atrocities Act). “ 2. The applicant is a trustee of Swaraj Education Trust, which runs the school by name Pandurang Vidyalaya, at Kalwa, 2 Appln.: 3746/2010 Thane. Respondent no.2, the original complainant is presently working as a teacher in the same school. For some time in the past, he had also worked as it s Head Master. ’ 3. On 27th April 2010, respondent no.2 filed complaint with Kalwa Police Station vide C.R. No.149 of 2010 alleging that soon after he joined the school as Assistant English Teacher, the applicant demanded a sum of Rs.3.00 lacs from him for granting permanency in the job. Respondent no.2 paid that amount by instalments of Rs.50,000/-. The amount had been paid in the presence of two other teachers in the school. It is also alleged that in August 2009, respondent no.2 was demoted as a Assistant Teacher by the applicant in order to favour his own daughter. The daughter of the applicant was appointed as Head Mistress of the school. It is further alleged that on 16th September 2009 at about 4.45 pm., when respondent no.2 had met the applicant, he had abused respondent no.2 by using derogatory language relating to his caste, intentionally to insult and humiliate him. The next allegation against the applicant is that in November 2007, the applicant had taken a sum of Rs.3.00 lacs from one Bhanudas Narayan Avchar by way of 3 Appln.: 3746/2010 donation to the school and misappropriated the amount by putting it in the account of Gurukul Education Trust. He had similarly taken large amounts of money from different persons with a promise to give them permanent job in the school. 4. Learned counsel for the applicant submits that there is nothing in the complaint to indicate that the alleged use of the derogatory words relating to the caste of respondent no.2 was with intention to insult and humiliate him. He also submits that there is nothing on record to indicate that the applicant had knowledge of the caste of respondent no.2 and that the derogatory utterances were being made within public view or hearing. It is also claimed by the applicant that the complaints as regards receipt of money by the applicant are false. 5. As regards derogatory utterances, the statements of the witnesses recorded during the course of investigation into the complaint shows that at the relevant time, the door of the cabin of the applicant was left open. This would mean, atleast on a prima facie view of the matter, that the utterences of the applicant could be heard by the persons outside. As regards 4 Appln.: 3746/2010 other allegations, the complaint prima facie discloses the offences alleged. As regards the claim of the applicant that he has been falsely implicated in the complaint, the same being the defence of the applicant will have to be considered by the trail Court at the appropriate time. Hence, the application is dismissed. (Smt. R.P. SondurBaldota, J)