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Bombay High CourtREVN/53/2024transfer to other court

Baburao Hari Kore v. State Of Maharashtra

2024-04-23Hon'Ble Shri Justice S. M. Modak3 pages

by SATISH RAMCHANDRA SANGAR Date:

2024.04.25 10:35:22 +0530 SATISH RAMCHANDRA SANGAR

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

WITH CRIMINAL REVISION APPLICATION NO. 54 OF 2024 Bacharam Akaram Kore ...Applicant vs.

The State of Maharashtra

...Respondent

WITH CRIMINAL REVISION APPLICATION NO. 55 OF 2024 Kakaso Govind Kore ...Applicant vs.

The State of Maharashtra

...Respondent

***** Mr.Ganesh K. Gole a/w Mr.Ritesh Ratnam:- Advocates for Applicants.

Mr.A.D.Kamkhedkar:- APP for Respondents-State.

***** 1/3

CORAM :

S. M. MODAK, J.

DATE :

23rd APRIL 2024 P. C. :- 1.

Heard learned Advocate Shri.Gole for the Applicant / private Complainant. He lodged complaint for the offence punishable under Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("SC & ST Act") before the Court of Additional Sessions Judge - Kolhapur. His prayer for invocation of Section 156(3) of the Code of Criminal Procedure, 1973 ("Cr.P.C.) is refused. He was asked to proceed with the matter. The legality is challenged before this Court.

2.

Earlier, there was some issue whether the Revision will lie before this Court or not. There are two prayers. One, setting aside the order passed by the trial Court and second, for direction to register the FIR. 3.

The Deputy Registrar has given a report that considering the nature of prayers, a Writ Petition under Article 226 and/or 227 read with Section 482 of Cr.P.C., is a proper remedy. Hence directions :-- a.

Let the learned Advocate Shri.Gole to take instructions on this issue.

2/3

b.

Copy of the Application is not served on the Office of Public Prosecutor. Let it be served.

c.

Let learned APP may also take instructions from the concerned Police about the action they have taken in respect of the complaint filed by the various persons. It is on Page No.79.

4.

Stand over to 30th April 2024.

[S. M. MODAK, J.] 3/3