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Mr. Amrendra Sharan, learned senior counsel is requested to assist the Court as amicus. Mr. Sharan will be at liberty to have assistance of Mr. Amit Anand Tiwari, Advocate. … …”

3. Though certain facts are stated while framing the question already noted, some more facts may be noted. The appellant herein is the original accused in the case registered at City Police Station, Karad for the offences punishable under Sections 3(1)(ix), 3(2)(vi) and 3(2)(vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act) as also Sections 182, 192, 193, 203 and 219 read with 34 of the Indian Penal Code, 1860 (IPC). He was serving as Director of Technical Education in the State of Maharashtra at the relevant time.

4. The second respondent - the complainant is an employee of the department. He was earlier employed as a Store Keeper in the Government College of Pharmacy, Karad. He was later posted at Government Distance Education Institute, Pune. Dr. Satish Bhise and Dr. Kishor Burade, who were his seniors but non- scheduled caste, made adverse entry in his annual confidential report to the effect that his integrity and character was not good. He lodged FIR with Karad Police Station against the said two officers under the Atrocities Act on 4th January, 2006 on that ground. The concerned Investigating Officer applied for sanction under Section 197 Cr.P.C. against them to the Director of Technical Education on 21st December, 2010. The sanction was refused by the appellant on 20th January, 2011. Because of this, ‘C’ Summary Report was filed against Bhise and Burade which was not accepted by the court. He then lodged the present FIR against the appellant. According to the complainant, the Director of Technical Education was not competent to grant/refuse sanction as the above two persons are Class-I officers and only the State Government could grant sanction. Thus, according to him, the appellant committed the offences alleged in the FIR dated 28 th March, 2016 by illegally dealing with the matter of sanction.

5. The complaint is fully extracted below:

“In the year 2009 I was working as store keeper in the Govt. Pharmacy College Karad, at that time I have registered complaint to Karad City Police Station Cr. NO. 3122/09 u/s 3(1)9, 3(2)(7)6 of S.C. & S.T. (Preention of Atrocities) Act and the investigation was done by Shri Bharat Tangade, then D.Y.S.P. Karad division Karad in the investigation 1) Satish Balkrushna Bhise, then Principal Pharmacy College Karad, 2) Kishor Balkrishna Burade, then Professor, Pharmacy College Karad has been realized as accused in the present crime. Investigation officer collect sufficient evidence against both the accused, but both the accused are from Govt. Technical Education department Class 1 Public Servant, so before filing charge sheet against them he wrote the letter to the senior office of the accused u/s 197 of Cr.P.C. to take the permission at that time Mr. Subhash Kashinath Mahajan was working as incharge director of the office. Today also he is working as same post. Mr. Mahajan does not belongs to S.C. & S.T. but he knew that I belongs to S.C. and S.T. In fact both the accused involved in crime No. 3122/09 are working on class 1 post and to file a charge sheet against them the permission has to be taken according to Cr.P.C. Section 197. This fact known to Shri Mahajan and Mr. Mahajan knew that this office did not have such right to give permission. So Mr. Mahajan send letter to Mumbai Office. Infact to give the required permission or to refuse the permission is not comes under the jurisdiction of incharge direction, Technical Education Mumbai. But, Mr. Mahajan misused his powers so that, accused may be benefited, he took the decision and refused the permission to file the charge sheet against the accused. So that, investigation officer Shri Bharat Tangade fails to submit the charge sheet against the both the accused, but he complain to submit ‘C’ summary report.”

17. Ms. Manisha T. Karia, counsel appearing for intervenor on behalf of Sapna Korde @ Ketaki Ghodinde, who also claims to be victim of a false complaint, submitted that respondent No. 2 lodged a false FIR No. 3210 of 2017 dated 2 nd November, 2017 against her at Khadki police station alleging that she, in collusion with the appellant herein, pressurized respondent no. 2 to withdraw the FIR No.164 of 2016 registered with Karad Police Station and she falsely implicated respondent no. 2 in a sexual harassment case. She is working as an Assistant Professor in the Department of Instrumentation and Control in College of Engineering, Pune since last eight years where respondent No. 2 was working as a storekeeper. She had made a complaint against him for her sexual harassment and as a reaction, the FIR was lodged by respondent No. 2 by way of the Atrocities Act. Her anticipatory bail application was rejected by the session court but the High Court, vide order dated 23rd November, 2017, granted interim protection against arrest. Thereafter, respondent No. 2 initiated proceedings under Section 107 Cr.P.C. and the intervenor received notice dated 2nd December, 2017 from the Magistrate. It was submitted that there was no safeguard against false implication, undue harassment and uncalled for arrest and thus, this Court must incorporate safeguards against unreasonable and arbitrary power of arrest in such cases without following just fair and reasonable procedure which may be laid down by this Court. Such requirement, it was submitted, was implicit requirement of law but was not being followed.