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Bombay High CourtAPEAL/517/2018others disposed off

Prabhakar S/O. Shankarrao Barai v. The State Of Maharashtra Thr. Police Station Kalmeshwar

2018-08-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 apeal517.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.517 OF 2018.

(PRABHAKAR SHANKARRAO BARAI & ANR....VS.. STATE OF MAHARASHTRA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B.Moon, Advocate for Appellant.

Shri V.P.Gangane, A.P.P. for Respondent/ State. CORAM : Z.A.HAQ, J.

DATED : AUGUST 27, 2018.

1.

This is an appeal under Section 14(A) of the Prevention of Atrocities (SC & ST) Act, 1989. On being asked, Shri A.B.Moon, Advocate has not been able to supply copy of the said Act, however, copy of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is given. It is submitted that there is a bonafide mistake in showing the name of the Act.

2.

It is not known as to who has carried out the amendment and if it is carried out by the clerk of the advocate, whether the clerk is registered or not. The office has also not verified whether the appeal is maintainable and whether such Act exists.

3.

Such mistakes are noticed in almost every alternate matters and now perhaps it has become a practice that the matter are left to the whims of the clerks of the advocates, who are not even registered.

2 apeal517.18 4.

Considering the gross negligence in presenting the matter, the appeal is dismissed with liberty to the appellants to file fresh appeal, if so advised. JUDGE RRaut..