Bombay High Court
Ramesh Atmaramji Malve And 2 ... vs The State Of Maharashtra, Through ... on 5 February, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.667 OF 2014
1. Ramesh Atmaramji Malve,
Aged about 52 years Occ: Service
R/o Songaon Tq. Anjangaon Surji
Distt. Amravati
2. Madhao Dadarao Pote,
Aged about 41 years Occ: Agriculturist
R/o Songaon Tq. Anjangaon Surji
Distt. Amravati
3. Nilesh Dyandeorao Pote
Aged about 52 years Occ: Agriculturist
R/o Songaon Tq. Anjangaon Surji
Distt. Amravati ....APPLICANTS
// VERSUS //
1. The State of Maharashtra,
through the Police Station Officer,
Rahimapur Police Station
Tq. Anajangaon Surji Distt.
Amravati
2. Rahul Vyankatesh Dongre,
Aged about 32 years, Occ: Service,
R/o Saray Shet Vihar Kapsutalni Tq.
Anajngaon Surji Distt. Amravati .... NON-APPLICANTS
Shri A.S. Deshpande Advocate for the applicants.
Shri T.A. Mirza, A.P.P. for the non-applicant No.1/State.
Ms Gauri S. Purohit, Advocate h/f Shri S.V. Purohit, Advocate for the non-
applicant No.2.
______________________________________________________________________
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CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATE : 05.02.2021.
ORAL JUDGMENT: [PER: Z.A. HAQ J.]
1. Heard learned Advocate for the applicants, learned
A.P.P. for the non-applicant No.1/State and learned Advocate for
the non-applicant No.2.
2. The accused have filed this application under Section
482 of the Code of Criminal Procedure praying that the First
Information Report registered against them with the non-applicant
No.1-Police Station vide Crime No.99/2014 for the offences
punishable under Sections 353, 323, 427, 506 and 34 of the Indian
Penal Code and Section 3(1)(x) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the
Act of 1989) be quashed.
3. While issuing Rule, by the order dated 16th April 2015,
this Court recorded the submission made on behalf of learned
Advocate for the applicants that the applicant No.1 belongs to
"Tatankar" Tribe which is recognized as Scheduled Tribe in the
15 apl 667.14.jud.odt
State of Maharashtra, and therefore the offence under Section 3(1)
(x) of the Act of 1989 cannot be registered against him. The
submission made on behalf of the applicant No.1 is supported by his
caste certificate which is placed on record and is not disputed by
learned APP and learned Advocate for the non-applicant No.2-
Informant.
This Court has passed an interim order directing that
investigation against the applicant No.1 for the offence punishable
under Section 3 (1)(x) of the Act of 1989 shall stand stayed, but this
Court permitted investigation against applicant No.1 for other
offences, and also permitted investigation against the applicant Nos.
2 and 3.
4. Learned Advocate for the applicants submitted that
during pendency of this Criminal Application, charge-sheet is filed
before the trial Court. The applicants have not taken steps to raise
challenge to the charge-sheet.
5. In the above facts following order is passed.
(i) Registration of the First Information Report against the
applicant No.1-Ramesh Atmaramji Malve for the offence under
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Section 3(1)(x) of the Act, 1989 is quashed.
(ii) The prayer of the applicant No.1 for quashing the First
Information Report registered against him for the offences
punishable under Sections 353, 323, 427, 506 and 34 of the Indian
Penal Code is rejected with liberty to the applicant No.1 to take up
appropriate proceedings before the trial Court, if so advised.
(iii) The prayer of the applicant Nos. 2 and 3 for quashing the
First Information Report against them is also rejected with liberty to
the applicant Nos.2 and 3 to take up appropriate proceedings before
the trial Court, if so advised.
The Criminal Application is disposed in the above terms.
JUDGE JUDGE
manisha
