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Bombay High CourtAPPLN/325/2004dismissed

Narhari Rambhau Shelke v. Ambadas Saluji Tayade And ORS

2016-11-22Hon'Ble Shri Justice Z.A. Haq2 pages

( 1 ) cria325.04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 325 OF 2004 Narhari s/o. Rambhau Shelke ..

Applicant

Versus

Ambadas s/o. Saluji Tayade ..

Respondents Mr.H.F. Pawar h/f. Mr. A.H. Kapadia, Advocate for the applicant.

Mr.Pratap Mahadik h/f. Mr. Pushkar Shendurnikar, Advocate for respondent Nos. 1 & 2.

Mr.P.N. Kutti, A.P.P. for respondent No.3/State. CORAM : Z.A. HAQ,J.

DATED :

22.11.2016 P.C. :- .

Learned Advocate for the applicant has pointed out the judgment passed by this Court in Criminal Revision Application No.64 of 2004 on 12th August, 2016, by which the challenge on behalf of the State of Maharashtra to the same order which is impugned in this application was rejected.

.

The learned Additional Sessions Judge, by the impugned judgment allowed the application filed by respondent Nos.1 & 2 and discharged them for the offences punishable under section 3 (1) (x) of the Schedules Castes and Scheduled Tribes (Prevention of Atrocities)

( 2 ) cria325.04 Act and under section 7 (1) (d) of the Protection of Civil Rights Act, 1955. The State of Maharashtra had filed Criminal Revision Application No.64 of 2004 challenging the above order, which is dismissed by this Court on 12th August, 2016. The present application is filed by the original complainant challenging the same order passed by the Sessions Court.

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For the reasons stated in the judgment given in Criminal Revision Application No.64 of 2004, present Criminal Application is dismissed. In the circumstances, parties to bear their own costs.

[Z.A. HAQ,J.] /2016/ 16/ snk NOV cria325.04