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Monday, January 6, 2020

HC grants interim protection from arrest to Rajeshwar Ramdas Kale

HC grants interim protection from arrest to Rajeshwar Ramdas Kale 

Jan-06-2020
Nagpur, TCS
Vacation Bench presided over by SM Modak J of Bombay High Court has grated interim protection from arrest to Rajeshwar Ramdas Kale for offence punishable under sec 323, 504, 506, 34 of IPC R/w Sec 3(1)(r)(s) Of Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act registered vide Crime No. 369/19 dated 12-12-19.

It is submitted that, complainant Usha Kailash Panzade has alleged that, on 10-12-19 at 7 pm, when her husband Kailash Panzade was returning home from agricultural field, at that Rajeshwar Ramdas Kale and Wasudev Dhanokar have stopped him and asked to give money for purchasing liquor. It is submitted that, thereafter, it is alleged that, when her husband has refused to part with money, Rajeshwar Ramdas Kale and wasudev have abused him and assaulted him by kicks and fist blows. It is alleged that, her husband reported the matter to PSO PS Khamgaon Rural.
It is submitted that, Usha Kailash Panzade has further alleged that, on 12-12-19 at 5 pm, when complainant, her husband, Mangesh Panzade and Prashant Panzade were at home, Wasudev and Kailash Kale entered inside the home and threatened Kailash Panzade to take back the report given by him and also abused him in the name of his caste. It is also alleged that, Kailash Kale has assaulted Kailash Panzade and when complainant went to save her husband, he has held her hand and pushed her.

It was submitted that, entire allegations as leveled in the F.I.R. were false and baseless. It is made with the malafide intention only to harass the present appellant as Rajeshwar had lodged FIR against Vinod Chichokar and Pratik Chinchokar who were realtives of Usha for offence under sec 363, 354, 354A, 366A, 323, 504, 34 of IPC r/w sec 8, 9(g) of POCSO Act. It was submitted that, entire allegations as leveled in the F.I.R. do not prima facie make out offence Sec 3(1)(r)(s) Of Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act.On hearing the submission and background of the case, Vacation Bench presided over by SM Modak J of Bombay High Court have grated interim protection from arrest to Rajeshwar Ramdas Kale.Adv Mir Nagman Ali appeared for Rajeshwar Ramdas Kale.