Vishnu S/O Tukaram Admane And 3 ... vs State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 3298 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                 CRIMINAL APPLICATION (APL) NO.303 OF 2021

                         Shri Vishnu s/o Tukaram Admane and others
                                              Vs.
                               State of Maharashtra and another

Office     Notes,   Office                        Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                             Shri K.P. Sadavarte, Advocate for the applicants.
                             Shri T.A. Mirza, APP for the non-applicant No.1/State.


                                         CORAM : Z. A. HAQ AND
                                                 AMIT B. BORKAR, JJ.

DATE : 22.02.2021.

1. Learned Advocate for the applicants on instructions states that the challenge in the present Criminal Application is restricted to the legality of the registration of the First Information Report for the offences under Sections 3(1)(r)(s)(za)(B), 03(02)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. According to the applicants, the report lodged by the non-applicant No.2(informant) does not contain averment on the basis of which the offence under the Act of 1989 can be registered against the applicants. It is further contended that the entire investigation is undertaken by Police Constable, and the S.D.P.O. has

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undertaken only part of the investigation and has drawn the charge-sheet, which is not permissible as laid down in the judgment given by the Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Babbu Rathore and another reported in (2020) 2 SCC 577 .

3. Issue notice to the non-applicants, returnable on 15th April 2021.

4. Shri T.A. Mirza, learned APP waives notice for the non-applicant No.1/State.

5. By an interim order, it is directed that further proceedings of Atrocity Special Case No.15/2017 pending before the Sessions Court shall stand stayed until further orders.

                                          JUDGE                                 JUDGE
Manisha