Manohar S/O Giridhar Khairnar- v. The State Of Maharashtra And ORS

criwp1217-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1217 OF 2015 (Manohar s/o Giridhar Khairnar Vs. The State of Maharashtra and others) ---- Mr. Anand I. Deshmukh, Advocate for the petitioner Mr. N.T. Bhagat, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 11/02/2016 ORAL ORDER :

1.

Heard.

2.

Perused the order dated 23rd July, 2015, passed by the learned Additional Sessions Judge, Bhusawal in Special (Atrocity) Case No. 7 of 2014.

3.

Learned counsel for the petitioner makes a statement that in fact, the chargesheet is filed by including the offences which are mentioned at the time of registration of the FIR. His grievance is that the investigating officer has not sent the report to the concerned authority so that he would get financial compensation and in the situation, the learned Sessions Judge has merely referred the provisions of Rule 12 (7)

criwp1217-2015 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, which would show that in case any compensation is refused or inadequate compensation is granted, then the Special Court, upon receipt of the report by the District Magistrate may interfere in the same.

4.

Here in the present case, according to the petitioner, the investigating officer has not taken steps for giving financial aid to him. Therefore, the role of the learned Special Judge would not come into the picture presently. In that view of the matter, there is no illegality in the impugned order. The criminal writ petition is, therefore, dismissed.

[M.T. JOSHI] JUDGE npj/criwp1217-2015