Rajendra @ Raju Laxman Chandane vs The State Of Maharashtra And ...
2023 Latest Caselaw 3769 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD


                     1 CRIMINAL APPLICATION NO.2631 OF 2022
                    IN ALSST/7213/2022 WITH APPEAL/471/2022


                               THE STATE OF MAHARASHTRA
                                         VERSUS
                   MAHENDRA SHYAMLAL RAJPOOT AND OTHERS
                                             ...
                           Mr. R.D. Sanap, Advocate for applicant
    Mr. G.A. Kulkarni, Advocate h/f Mr. D.R. Kulkarni, Advocate for respondent
                                        Nos.2 and 4
                                             ...

                                      CORAM :      SMT. VIBHA KANKANWADI AND
                                                   Y.G. KHOBRAGADE, JJ.
                                      DATE :       17rd APRIL, 2023


ORDER :

1 Though the remark by the office says that amendment has not

been carried out by learned APP in view of order passed by this Court on

28.03.2023, learned APP is submitting that he has carried out the

amendment and he has the acknowledgment. We must put it on record that

since the application was by way of e-filing, we have gathered information

from our Computer Department that as regards amendment to be carried out

in the petitions are concerned, it would be by way of amended copy of the

2 Cri.Appln_2631_2022

petition and not any insertions in the original petition. It appears that there

is then technical issue, which the registry should sort out. In view of the

acknowledgment that has been given to the prosecution stating that the

amendment has been carried out, registry to take note of the same.

Respondent Nos.1 to 4 in Criminal Application No.2631 of 2022 are served.

Learned Advocate Mr. D.R. Deshmukh has caused his appearance for

respondent Nos.2 and 4. Nobody appears for respondent Nos.1 and 3.

2 Present application has been filed for condonation of delay of 25

days. Though learned Advocate Mr. G.A. Kulkarni holding for Mr. D.R.

Deshmukh appearing for respondent Nos.2 and 4 has strongly opposed the

application, however, taking into consideration the duration of the delay and

the reasons stated in the application the delay stands condoned. Application

stands allowed and disposed of.

3 As aforesaid, the prosecution intends to challenge the Judgment

and order of acquittal dated 28.03.2022 passed by learned Special Judge

under the Atrocities Act/Additional Sessions Judge, Jalgaon in Special

(Atrocity) Case No.6/2019, thereby acquitting the original accused persons of

the offences punishable under Section 302, 201, 363, 364, 341, 120B of the

Indian Penal Code and under Section 3(2)(v) of the Scheduled Castes and

3 Cri.Appln_2631_2022

Scheduled Tribes (Prevention of Atrocities) Act, 1989. In view of Section 14-

A(2) of the Atrocities Act every order or Judgment should be challenged

under the said provisions and, therefore, the prosecution ought not to have

filed application for leave under Section 378(1)(B) of the Code of Criminal

Procedure. When there is specific provision under special enactment, then,

the general law under the Code of Criminal Procedure will not be applicable

and, therefore, registry is directed to register the appeal itself.

4 The said appeal by the prosecution and the appeal filed by the

original informant Criminal Appeal No.471 of 2022 be listed for admission

purpose on 14.06.2023.

( Y.G. Khobragade, J. )                        ( Smt. Vibha Kankanwadi, J. )




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