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Bombay High CourtREVN/53/2024transfer to other court

Baburao Hari Kore v. State Of Maharashtra

2024-02-12Hon'Ble Shri Justice S. M. Modak2 pages

by SATISH RAMCHANDRA SANGAR Date:

2024.02.14 10:43:27 +0530 SATISH RAMCHANDRA SANGAR 10-REVN-53-2024(E-FILE).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 53 OF 2024 Baburao Hari Kore ...Applicant vs.

The State of Maharashtra

...Respondent

***** Ganesh K. Gole i/b. Mr.Ritesh Ratnam - Advocate for Applicant. Mr.A.D.Kamkhedkar - APP for Respondent - State. ***** CORAM :

S. M. MODAK, J.

DATE :

12th FEBRUARY 2024 P. C. :- REVISION APPLICATION NO. 53 OF 2024 1.

Heard learned Advocate Shri.Gole for the Applicant who is the Complainant in an Application filed before the Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. (Page No.41). In that complaint, there were only 8 Respondents. There was a prayer for issuing direction under Section 156(3) of the Code of Criminal Procedure, 1973 ["Cr.P.C."]. The learned Special Judge as per the order dated 17th July, 2023 was pleased to refuse the prayer whereas, directed the Complainant to proceed further with the complaint. The legality of the said order is challenged Satish Sangar 1/2

10-REVN-53-2024(E-FILE).doc by way of this Revision.

2.

Learned Advocate Shri.Gole invited my attention to the following documents :- (a) A copy of the application made before the Tahsildar - Kagal (Page No.69) wherein the Tahsildar has directed to remove the obstruction on the road within 15 days. (b) The contention is, the present Applicant was not joined as a party to that proceeding. That is the grievance. (c) Page No.49 - Map.

(d) Page No.74 - Reply given by Deputy Superintendent of Land Record to one Kakaso Govind Kore (who is the Applicant in another Revision) informing him that 'Tippan Utara' of Survey No.66 is not available in the record.

3.

There are two more Revision Applications No.54 of 2024 and 55 of 2024. However, today, they are not listed. 4.

Let all these Revisions be kept on th February, 2024 .

[S. M. MODAK, J.] Satish Sangar 2/2