Abdul Sayed S/O Abdul Karim vs The State Of Maharashtra
2023 Latest Caselaw 7439 Bom

                                                          915-CriAppeal-667-2016
                                           -1-

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  915 CRIMINAL APPEAL NO. 667 OF 2016
                WITH APEAL/113/2017 IN APPLN/6455/2016

                  ABDUL SAYED S/O ABDUL KARIM
                                VERSUS
                   THE STATE OF MAHARASHTRA
                                   .....
  Advocate for Appellant : Mr. Rajendra S. Deshmukh, Senior Advocate
            a/w Mr. Vishal Chavan and Mr. Govind Kulkarni
                     i/by Mr. Devang R. Deshmukh
              APP for Respondent-State : Mr. A. M. Phule
                                   .....

                               CORAM : SMT. VIBHA KANKANWADI AND
                                       ABHAY S. WAGHWASE, JJ.

DATED : 26 JULY 2023

PER COURT :-

1. It appears that both the appeals have been filed under the

provisions of the Code of Criminal Procedure when in fact the

challenge is to the judgment in Special Atrocity Case No. 2 of 2013

wherein the accused persons stood prosecuted for the offence

punishable under Sections 302, 143, 147, 148, 149, 201 and 120-B of

the Indian Penal Code, Section 135 of the Maharashtra Police Act and

Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short,

"Atrocities Act"].

915-CriAppeal-667-2016

2. Section 14-A(1) of the Atrocities Act is very much clear on this

point, which says; "Notwithstanding anything contained in the Code

of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any

judgment, sentence or order, not being an interlocutory order, of a

Special Court or an Exclusive Special Court, to the High Court both on

facts and on law."

3. Under such circumstance, we direct that the necessary

amendment be carried out in both the appeals by the appellants and

in view of Section 15-A of the Atrocities Act giving rights to the

victims, the victim be added as respondent in both the appeals.

4. The amendment to be carried out within two days.

5. Thereafter, issue notice to the added respondent, to be made

returnable on 11.08.2023.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]

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