1 Cri.Appln.No.2317/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2317/2010. 1) Adv.Annarao s/o Govindrao Patil Age: 50 Yrs., occu. Adv. R/o Sham Nagar, Latur, District Latur. 2) Adv. Vinayak s/o Vidyabhushan Bajpai, Age: 50 Yrs., occu. Adv. r/o Old Ausa Road, Latur, District Latur. - PETITIONERS VERSUS 1) The State of Mah. & Ors. - RESPONDENTS ***** Mr.NP Patil-Jamalpurkar, Adv. for Petitioners; Mr.KM Suryawanshi, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 1st March, 2011. PER COURT : 1) Heard Mr.NP Patil-Jamalpurkar and learned APP. 2) The petitioners seek quashment of F.I.R., vide Crime No.135/2010 registered at Shivajinagar PS, Latur for the offences punishable under Sections 153, 505(k)(g) and 188 of the Indian Penal Code and Section 135 of the 2 Cri.Appln.No.2317/2010 Bombay Police Act. 3) The petitioners are advocates as also the office-bearers of Maharashtra Vikas Aaghadi. The petitioner No.1 contested assembly elections from Latur city assembly constituency. Since the Government of Maharashtra or the Municipal Council, Latur took a decision of reservation of agricultural properties of adjoining 40 villages for the purposes of development through CIDCO and also the decision concerning privatization of water scheme of Latur was being taken, procession (morcha) was arranged on 11th May, 2010, which was under a proper and prior permission of the authorities, i.e. learned Collector, Latur, including the Superintendent of Police. It may be, the agitation was in aggravated form as the villagers were more than 10,000, in the speech delivered at the Collectorate, Latur at around 12.30 on 11.5.2010, it is said that these petitioners have made provocative and instigative speeches and instigated the mob to defy the orders of the Government. 4) Offence under Section 153 of IPC puts in its brackets recourse of wantonly giving provocation with intent to cause riot, while infraction of Sections 183 and 188 warns effect of disobedience of order duly promulgated by a 3 Cri.Appln.No.2317/2010 public servant. Reading the F.I.R. as a whole, even the statements of the witnesses, which the learned APP has pointed, there is nothing to suggest that the petitioners, as advocates, as President of the said Organization, intended or designed to cause disobedience of any order under promulgation. As it is, there was prior permission for the procession/morcha, it was exceeding the limits of gathering, which was beyond the control of the petitioners, as the feelings of the agriculturists were in aggravated form with apprehension of loosing their hard- earned agricultural properties. It was not that the petitioners were instrumental to abstain from certain acts or to defy any law to ensure release of the property. Reading Section 188 of IPC is indicative that there is nothing surfacing against the petitioners herein. 5) The speeches were to some extent derogatory and humiliating as it was suggested, the local M.L.A. was barking at the instance of his mentor, the Minister. He was warned and informed of his duty as M.L.A. how to speak and where to speak and what not to be spoken. The said M.L.A. was even branded as employee of the Minister. Government should consider to accord permission for plantation of opium and allied narcotic substances or hemp or cannabis plants. 4 Cri.Appln.No.2317/2010 The Minister was also branded to be occupying the seat for eight years, causing sabotage to the interest of the agriculturists. The instigation to break open the meters of water taps by itself would not attract infarction of Section 153 of IPC of making wanton provocation. These aspects do not call for any action as the petitioners have no personal interest in the matter against the elected representatives, they were keen to ensure, redressing cause of the people at large. The protesters felt cheated by the activities of the Government or by the Municipal Council, Latur. 6) In the result, the action of police was more activated with other colours than infraction on the part of the petitioners. It leans to demonstrate even governance deficit. Consequently, the proceedings initiated pursuant to FIR/Crime No.135/2010 registered at Shivajinagar Police Station, Latur, are quashed to the extent of the petitioners herein. ( K.U.CHANDIWAL ) JUDGE bdv/