Sangramsingh Balbhadrasingh Somwanshi v. State Of Maharashtra Thr. P.S. Ram Nagar Gondia And Another
apeal860.19.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.860 OF 2019 (Sangramsingh Balbharasingh Somwanshi Vs. State of Maharashtra thr. PSO PS Ramnagar, Dist. Gondia and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Shri G.B. Hemke, Advocate for Appellant.
Shri S.S. Doifode, APP for Respondent 1/State. CORAM: ROHIT B. DEO, J.
DATE: 4 th MARCH, 2020.
Heard Shri Hemke, the learned counsel for the appellant and Shri Doifode, the learned APP for respondent 1/State.
2] The learned counsel for respondent 2 complainant is absent.
3] This appeal assails the order dated 17.12.2019 passed by the District and Sessions Judge, Gondia in Miscellaneous Criminal Application 320/2019 whereby the application preferred under Section 438 of the Cr.P.C. is rejected.
4] The appellant is arrayed as accused in Crime 295/2019 registered for offence punishable under Sections 324, 294, 506 Part-II, 34 of IPC r/w 3(1)(D), 3(1)(R), 3(2)
apeal860.19.O.odt (V-a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
5] Perusal of the first information report does not reveal that any role is attributed to the applicant as regards the offence punishable under the Atrocities Act. The allegations are against co-accused. The only role attributed is that the applicant slapped the complainant and abused him accusing that the complainant committed theft. 6] The learned APP does not dispute that the appellant has attended the Police Station pursuant to the order dated 27.12.2019 and has co-operated with the Investigating Officer.
7] Evidently the custodial interrogation is not necessary. The application is allowed.
8] The interim order dated 27.12.2019 is made absolute.
JUDGE NSN