Ishwr S/O Buga Koli And Ors vs The State Of Maharashtra And Anr
2017 Latest Caselaw 3665 Bom

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                                                         criappln4579.16.odt

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO. 4579 OF 2016 
                                     
 1.       Ishwar s/o Buga Koli
          age 50 years, occ. agri.
          r/o Ranjane, Tq. Sindhkheda
          Dist. Dhule.

 2.       Sudhakar s/o Buga Koli
          age 44 years, occ. agri,
          r/o Ranjane, Tq. Sindhkheda,
          Dist. Dhule

 3.       Ravindra s/o Buga Koli
          age 49 years, occ. agri,
          r/o Ranjane, Tq. Sindhkheda,'
          Dist. Dhule.

 4.       Chundaman s/o Buga Koli
          age 50 years, occ. agri,
          r/o Ranjane, Tq. Sindhkheda,
          Dist. Dhule.

 5.       Buga s/o Dhanaji Koli
          age 75 years, occ. agri
          r/o Ranjane, Tq. Sindhkheda
          Dist. Dhule.                                        Petitioners

          Versus

 1.       The State of Maharashtra
          Through Investigation Officer,
          Sindhkheda Police Station,
          Tq. Sindhkheda, Dist. Dhule.

 2.       Sunil Rambhau Baisane
          age 21 years, occ. business
          r/o Ranjane, Tq. Sindhkheda
          Dist. Dhule.                                        Respondents

 Mr. P.V. Jadhavar, advocate for the petitioners. 
 Mr. V.M. Kagne, A.P.P. for respondent no. 1.




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 Mr. S.P. Salgar, advocate for respondent no. 2.

  
                                           CORAM : R.M.BORDE &
                                                          A. M. DHAVALE, JJ.

DATE : 27th JUNE, 2017

ORAL JUDGMENT : ( PER R. M. BORDE, J. )

1. Rule. Rule made returnable forthwith.

2. Heard finally with the consent of learned counsel for the respective parties.

3. Petitioners are praying for quashment of the charges levelled against them for commission of offence punishable under sections 7(1)(D) of Civil Right Protection Act as well as in respect of commission of offence punishable under section 3(1)(10) of S.T. (Prevention of Atrocities) Act, 1989.

4. It is pointed out that petitioners belong to Tokre Koli tribe which is included at Sr. No. 25 in the constitutional order listing Scheduled Tribes. Complainant belongs to Scheduled Caste whereas accused are the members of Scheduled Tribe category. The Tahsildar has also issued certificate certifying that petitioners belong to Scheduled Tribe category.

5. Considering this aspect, since the provisions of S.C. & S.T. (Prevention of Atrocities) Act, 1989 are not attracted, the prosecution initiated against petitioners so far as commission of offence punishable under section 3(1)(10) of S.T. (Prevention of

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Atrocities) Act, 1989 are required to be quashed and set aside. Criminal proceeding initiated against petitioners in respect of commission of offence under the provisions of Indian Penal Code shall continue. Similarly, prosecution of petitioners for offences punishable under section 7(1)(D) of Civil Right Protection Act also cannot continue since accused themselves belong to Scheduled Tribe category.

6. Criminal prosecution initiated against petitioners in respect of commission of offence punishable under sections 3(1)(10) of S.T. (Prevention of Atrocities) Act, 1989 as well as 7(1)(D) of Civil Right Protection Act, stand quashed. Rule made absolute to the extent specified above.

        ( A.M. DHAVALE )                                   ( R.M.BORDE )
                JUDGE                                            JUDGE

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