Rajendra Dagdu Patil And ANR v. The State Of Mah Thr. Amalner P.S.

(1) Cri. Appln. No. 2748 of 2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 2748 of 2011

1. Rajendra s/o. Dagdu Patil, Age : 39 years, Occupation : Agriculture,

2. Sau. Ushabai w/o. Rajendra Patil, Age : 36 years, Occupation : Household, Both R/o. Patil Colony, Amalner, District : Jalgaon.

.. Applicants.

versus 1.

The State of Maharashtra, Through Inspector, Amalner Police Station, Amalner, District : Jalgaon,

2. Shantaram s/o. Ramdas Wagh, Age : 55 years, Occupation : Church care taker, R/o. Patil Colony, Amalner, District : Jalgaon.

.. Respondents.

.........................

Mr. B.R. Warma, Advocate, for the applicants. Mr. S.G. Karlekar, Additional Public Prosecutor, for respondent no.1 - State.

Mr. Joydeep Chatterji, Advocate, for respondent no.2. ..........................

(2) Cri. Appln. No. 2748 of 2011 CORAM : S.S. SHINDE & A.M. BADAR, J.

DATE : 9TH MARCH 2015 PER COURT :

1.

Heard Adv. Mr. B.R. Warma for the applicants, learned APP Mr. S.G. Karlekar for respondent no.1 - State, and Adv. Mr. Joydeep Chatterji for respondent no.2.

2.

On instructions, the learned Counsel appearing for the applicants submits that the protection granted by this Court, during the pendency of this Application, may be extended for another three weeks so as to enable the applicants to take appropriate remedy. He further submits that the Investigating Officer may be directed to examine the aspect whether the complainant belongs to Scheduled Caste ["Mang"] and whether he is professing Christianity and to take appropriate decision before the charge sheet is filed.

3.

The learned Additional Public Prosecutor invited our attention to the affidavit in reply and annexure "R-1", and submits that though already Investigating Officer has caused the investigation, he will further examine the aspect whether the complainant belongs to Scheduled Caste or professing the Christianity and then take appropriate steps. 4.

In the light of above, we extend the protection granted to the applicants, during the pendency of this Application, for further three

(3) Cri. Appln. No. 2748 of 2011 weeks. The Investigating Officer is directed to cause further investigation on the aspect whether the complainant belongs to Scheduled Caste or otherwise, and then take appropriate steps in accordance with law. 5.

In the light of above, the Application stands disposed of. (S.S. SHINDE) ( A.M. BADAR ) JUDGE JUDGE ................................

puranik / CRIAPPLN2748.11