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Bombay High CourtAPPLN/2851/2016partly allowed and partly dismissed

Sau Dyanjyoti W/O Manohar Bhadane v. The State Of Maharashtra And ANR

2016-06-15Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Shri Justice V.L. Achliya2 pages

sgp APPLN2851.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2851 OF 2016 Sau. Dyanjyoti w/o. Manohar Bhadane ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ..............

Mr Pralhadrao D. Bachate, Advocate for the applicant Mr R. B. Bagul, APP for respondent/State Mr N. L. Chaudhari, Advocate for respondent No. 2 ..............

CORAM : A.V.NIRGUDE & V.L. ACHLIYA, JJ.

DATED :

15.06.2016.

PER COURT :

.

Heard. Perused the complaint.

2.

As against the present applicant, no offence can be alleged punishable u/s 4(i)(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, because she allegedly abused the victim while she was inside the room and not in a public view. However, we are not disturbing the prosecution for other offences punishable under Indian Penal Code.

sgp APPLN2851.2016 3.

The application is partly allowed.

4.

The allegations made against the applicant amounting to offence under Atrocities Act are quashed.

5.

The prosecution shall now continue with the investigation. All earlier orders passed by this Court are vacated. [V.L.ACHLIYA, J.] [A.V. NIRGUDE, J.]