Citation : 2021 Latest Caselaw 6335 Bom
Judgement Date : 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
938 CRIMINAL APPEAL NO.193 OF 2021
SHAIKH SIRAJ SHAIKH MUNSHI
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Appellant : Mr. Thombre S. S.
APP for Respondent-State : Mr. N. T. Bhagat.
...
CORAM : SMT.VIBHA KANKANWADI, J.
DATE : 08-04-2021.
ORDER :
1. Heard both sides.
2. Since arguable points are made, the appeal is Admitted.
3. Though the learned Special Judge appears to have acquitted the
present appellant from the offences under the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989, yet since it
is a proceeding arising out of the Judgment and order passed in the
said special case, in view of Section 15-A of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989, right is given
to the informant victim to know about the each and every proceedings
before any Court. Therefore, the appellant is directed to add the
informant as party respondent No.2.
2 CriAppeal 193-2021
4. Issue notice to respondents, made returnable on 27-04-2021.
5. Learned APP waives notice for respondent No.1-State.
6. There should be compliance of Section 15-A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989.
7. It appears that there is some typographical mistake of the
learned Special Judge in the citation i.e. the first page of the
Judgment at the place of address of the accused "R/o XYZ" has been
written.
8. No doubt, this Court has given many directions about not to
disclose the identity of the victim but then that should be extended
to the accused. Therefore, learned Registrar (Judicial) is directed to
ask the concerned Special Judge to correct the said citation and also
send the certified copy of the said Judgment, if any, filed by the
present appellant to the concerned Court for correction.
(SMT. VIBHA KANKANWADI) JUDGE vjg/-
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