Juhi D/O Pravinkumar Meshram vs State Of Mha. Thr. Pso Ps Gadge ...
2022 Latest Caselaw 8321 Bom

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

                CRIMINAL APPLICATION (APL) NO.1145/2022
                          Ku. Juhi D/o Pravinkumar Meshram
                                           Vs.
  State of Maharashtra, through its Police Station Officer, Police Station Gadge Nagar,
                                        Amravati

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Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                       Mr. S.R. Narnaware, Advocate for the Applicant.
                       Mr. A.S. Fulzele, Addl. P.P. for Non-applicant/State.

                                  CORAM : MANISH PITALE AND
                                          VALMIKI SA MENEZES, JJ.

DATED : 24th AUGUST, 2022.

Heard learned counsel for the applicant.

2. It is submitted that the registration of the FIR and filing of the charge-sheet in the present case, for offences under Sections 468 and 471 of the Indian Penal Code, as also provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, is wholly without jurisdiction, in terms of the law laid down by this Court.

3. The learned counsel for the applicant specifically relies on judgments of this Court, wherein it has been held that even if a criminal proceeding is contemplated as per direction in

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an order of the Caste Scrutiny Committee, it can be initiated only by way of a private complaint and not by registration of FIR.

4. Issue notice to the non-applicant for final disposal, returnable in four weeks.

5. Mr. A.S. Fulzele, learned Additional Public Prosecutor waives notice on behalf of the non-applicant/State.

6. Considering that the applicant has made out a strong prima facie case in her favour, there shall be ad-interim stay in terms of prayer Clause (iii).

(VALMIKI SA MENEZES, J.) (MANISH PITALE, J.)

Vijay

Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:25.08.2022 15:05