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Bombay High CourtACB/20/2022disposed off

Namdeo Rambhau Agre v. Police Inspector, Police Station, Parner, District Ahmednagar And Others

2022-02-08Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

( 1 ) 29 ACB 20-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 APPLICATION FOR CANCELLATION OF BAIL NO.20 OF 2022 NAMDEO RAMBHAU AGRE

VERSUS

POLICE INSPECTOR, POLICE STATION, PARNER, DISTRICT AHMEDNAGAR AND OTHERS ...

Advocate for Applicant : Mr. Rupesh A. Jaiswal APP for respondent No.1-State : Mr. N.T. Bhagat ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATED : 08th FEBRUARY 2022 PER COURT:

1.

Heard learned Advocate Mr. Jaiswal for the applicant for a while, so also learned APP. The Office objections have been raised that since provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also involved, then in view of Section 14 of the S.C. & S.T. Act, an appeal would lie against the order and therefore, the learned Advocate appearing for the applicant prays to correct the petition, including the title. Rather he is trying to submit that in view of addition to an offence under the S.C. & S.T. Act and the Additional Sessions Judge, Ahmednagar ought to have seen that there is a compliance of Section 15A of the S.C. & S.T. Act. Under such circumstance, the applicant himself is harping upon the procedure under the S.C. & S.T. Act. He ought to have filed an appeal as contemplated under Section 14 of the S.C. & S.T. Act.

( 2 ) 29 ACB 20-22 2.

The applicant is permitted to correct the petition, including the title clause. The necessary corrections be made out within a period of one week and thereafter, the Office to register it under appropriate head. In view of this permission, Criminal Application No.20/2022 would stand disposed of after the registration of the same under the appropriate provisions.

[ SMT. VIBHA KANKANWADI, J. ] sarowar