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Bombay High CourtAPEAL/1084/2024dismissed

Balasaheb Chandrakant Khaladkar And ORS. v. State Of Maharashtra And ANR

2025-01-22Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

22-APEAL-1084-2024.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1084 OF 2024 Balasaheb Chandrakant Khaladkar ] and others ] Appellants Vs.

The State of Maharashtra and another ] Respondents .....

Mr. Shailesh Chavan a/w Ms. Sampada S. Patil, for Appellants. Mr. P.P. Jadhav, A.P.P, for Respondent No.1-State. Mr. Rohan Hogle (through V.C.) a/w Mr. Sainath S. Garade, for Respondent No.2.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 22nd January, 2025.

P.C:

1.

Heard learned Counsel for the applicant, learned A.P.P and learned Counsel appearing for the respondent No.2. 2.

As usual, Investigating Officer is absent. He was not present on 23rd October, 2024. No case diary is produced before the Court for perusal as regards progress in the investigation. A bare look at the First Information Report and the statement reveals that the SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.01.22 17:24:37 +0530

22-APEAL-1084-2024.doc Investigating Officer had not invoked appropriate sections viz: section 3 (1) (f) and 3 (1) (g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

List the appeal tomorrow i.e on 23rd January, 2025 at 10.30 a.m for final disposal.

4.

The Investigating Officer shall remain present tomorrow at 10.30 a.m with case diary, failing which, appropriate action will be initiated against him.

5.

Interim relief granted earlier to continue till the next date. [PRITHVIRAJ K. CHAVAN, J.]