1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1604 OF 2010 (Sadbarao @ Babarao Madhavrao Mohate .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.T. Harkare, Advocate for the applicant. Shri P.V. Bhoyar, APP for respondent No.1/State. Shri A.P. Mane, Advocate for respondent No.2. CORAM : PRASANNA B. VARALE, J. 27TH APRIL, 2011. Heard. By way of present application, the applicant prays for quashing and setting aside the First Information Report dated 12.06.2010 registered against the applicant for the offence punishable under Sections 294, 504, 506 of the Indian Penal Code and 3(1)(10) of the Maharashtra Prevention of Atrocities on Schedule Castes and Schedule Tribes Act at Police Station, Khandala, Taluka Pusad, District Yavatmal and quashing and setting aside the order dated 13.05.2010 passed by the learned Judicial Magistrate First Class, Court No.1, Pusad under Section 156(3) of the Code of Criminal Procedure in Miscellaneous Criminal Case No.1/2010. Shri S.T. Harkare, the learned Counsel appearing on behalf of the applicant submits that the report against the applicant lodged by non-applicant No.2 is an outcome of the political rivalry. He further submits that the report lodged against the applicant is at a belated stage i.e. considerable delay was caused in lodging the report against the applicant. Learned Counsel further submits that no offence is made out against the applicant. He further submits that the learned Magistrate without considering these material facts, vide order dated 13.05.2010, directed for investigation under Section 156(3) of the Code of Criminal Procedure. Learned Counsel, on the grounds referred above, vehemently submits that there is nothing on record so as to 2 connect the applicant with the alleged offence and as such the FIR lodged against the applicant and further proceeding are nothing else but abuse of the process of law and the same are liable to be quashed and set aside. Per contra, Shri P.V. Bhoyar, the learned APP appearing on behalf of respondent No.1/State and Shri A.P. Mane, the learned Counsel appearing on behalf of non-applicant No.2, support the order passed by the learned Magistrate. Heard the learned Counsel appearing on behalf of the respective parties at length and perused the record. From the perusal of the material placed before this Court, it reveals that the applicant and non-applicant No.2 belong to two political groups. The non-applicant No.2 was campaigning in the Legislative Assembly Elections of 2009. The applicant is Zilla Parishad member and was subsequently elected as Vice President of Zilla Parishad, Yavatmal. The non-applicant No.2 was also taking active interest in the political field and as he was actively involved in the campaigning for the candidate contesting election against the candidate sponsored by the applicant. On 05.10.2009, the applicant entered the house of non-applicant No.2 and called non-applicant No.2 and his brother as well as his father at the square situated to the rear side of the house of non- applicant No.2. The applicant started abusing non-applicant No.2 and his father and brother on their caste. One Raosaheb Mhaske and Ramesh Chandravanshi entered the scene and tried to intervene in the matter. They also tried to pacify the applicant but the applicant left the place giving threats to non-applicant No.2. It is also revealed from the material placed on record that the non- applicant No.2 lodged report before the learned Magistrate at Pusad. From the material placed before this Court and in view of the reply filed by the State, it is revealed that the non-applicant No.2, who was subjected to the abuses and threats at the hands of the applicant, though tried to lodge the report at Khandala Police Station on the very day i.e. 05.10.2009, the police authorities did 3 not pay any heed. The non-applicant No.2 left with no choice, approached the learned Magistrate. The learned Magistrate, on receipt of the complaint and considering the contents of the complaint along with the documents, passed order dated 13.05.2010 with direction for investigation under Section 156(3) of the Code of Criminal Procedure to the police authorities. Perusal of the material reveals that the non-applicant No.2 gave all the details in the report about the incident and the fact that the complainant is belonging to schedule caste; whereas the applicant is belonging to non schedule caste community. The abuses given by the applicant were on the caste and threats given to the non-applicant No.2. It is also stated in the report that though he tried to lodge report at Police Station, Khandala, no heed was paid to his grievance and as such he left with no option but to approach the learned Magistrate. On considering the material, I am of the opinion that no case is made out by the applicant for invoking the powers of this Court under Section 482 of the Code of Criminal Procedure. It is not in dispute that the powers under Section 482 are to be used sparingly and with utmost care and caution. From the perusal of the material placed on record, I am of the opinion that the present case is not of such nature so as to show any indulgence at the hands of this Court by invoking the powers under Section 482 of the Code of Criminal Procedure. In the result, the application is devoid of merit and the same is dismissed as such. JUDGE *rrg.