Bombay High CourtAPPR/69/2016delay condonatedrejected

Satish S/O Harishchandra Yetare v. State Of Maharashtra, Thr. Deputy Superintendent Of Police, P.S. Padharkawda, Yavatmal

2016-05-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 appr69.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPR) NO.69 OF 2016 IN CRIMINAL REVISION APPLICATION NO.78 OF 2016 (Satish s/o Harishchandra Yetare ..vs.. The State of Maharashtra, through Dy. Supdt. Of Police, Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 06-05-2016 Heard Shri C.S. Dharmadhikari, Advocate for the applicant and Shri R.S. Nayak, Additional Public Prosecutor for the non-applicant.

Accepting the reasons stated in the application, the delay of seventy-seven days in filing the revision application is condoned.

The criminal application is allowed.

Criminal Revision Application No.78 of 2016.

Heard.

The applicant has challenged the order passed by the learned Additional Sessions Judge rejecting the application (Exhibit No.11) filed by the applicant praying that he be discharged from the prosecution for offences punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Advocate for the applicant has pointed out the observations recorded by the learned

2 appr69.16 Additional Sessions Judge in paragraph No.5 of the impugned order that the accused and victim were not knowing each other before the alleged incident. Issue notice, returnable on 26-07-2016.

The proceedings of Special Case No.7/2013 pending before the learned Additional Sessions Judge are stayed, until further orders.

Shri R.S. Nayak, Additional Public Prosecutor waives notice for the non-applicant.

JUDGE pma