Sagar Rajendra Mapari (Swapnil ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 8679 Bom

                                                                 2704.2023APPLN
                                         -1-


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

             952 CRIMINAL APPLICATION NO.2704 OF 2023

     SAGAR RAJENDRA MAPARI (SWAPNIL RAJENDRA MAPARI)
                              VERSUS
         THE STATE OF MAHARASHTRA AND ANOTHER
                                  ...
             Advocate for Applicant : Mr.Sapkal Sandip R
            APP for Respondent/State : Mr.R.V. Dasalkar
                                        ...

                                   CORAM : R.G. AVACHAT AND
                                           SANJAY A. DESHMUKH, JJ.

DATED : 24th AUGUST, 2023.

PER COURT :-

. Heard.

2. The FIR has been lodged by the Police Officer attached

with Caste Scrutiny Committee. Section 11(2) of the Maharashtra

Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta

Jatis), Nomadic Tribes, Other Backward Classes and Special

Backward Category (Regulation of Issuance and Verification of)

Caste Certificate Act, 2000 reads that no Court shall take cognizance

of an offence punishable under this section except upon a complaint

in writing. Question is that what about the cognizable offence under

the Indian Penal Code. The applicants rely on the Division bench

judgment of this Court in the case of Shamim Bano d/o. Janu Mohd

Pathan and Anr. Vs. State of Maharashtra reported in 2014 All

M.R. (Cri) 1192. Whereas, the learned APP relies on the

2704.2023APPLN

judgment in the case of Shilpa W/o Sunil Khillare Vs. State of

Maharashtra and another reported in 2016(5) Mh.L.J. (Cri.) 386).

3. In view of the same, we propose to issue notice of final

disposal in this matter.

4. Issue notice of final disposal, returnable on 19th October,

2023. The learned APP waives service of notice on behalf of

respondent/State.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.)

sga/