Kailas Hanumant Kale v. Pramod Harichandra Shendkar And ANR

Megha 46_apeal_1113_2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1113 OF 2024 Kailas Hanumant Kale ...Appellant

Versus

Pramod Harichandra Shendkar and Anr.

...Respondents

______________ Mr. Vishal Patil for the Appellant.

Ms. Poonam P. Bhosale, APP for the Respondent No.2-State. ______________ CORAM : SANDEEP V. MARNE, J.

Dated : 14 November 2024.

P.C. :- 1) This is an Appeal under the provisions of Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SCST) challenging order dated 13 September 2024 passed by the learned Special Judge, under SC and ST (POA) Act, Pune, rejecting the application for seeking direction to the concerned Police Station to register offences under Section 156(3) of the Code of Criminal Procedure, 1973.

2) It appears that the alleged incident had occurred on 20 November 2023 for which Appellant submitted complaint on 21 Digitally signed by MEGHA SHREEDHAR PARAB Date:

2024.11.18 10:41:00 +0530 November 2023 with the Police Station and immediately on the MEGHA SHREEDHAR PARAB next day, he addressed the complaint to Assistant Police Page No.

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Megha 46_apeal_1113_2024.odt Commissioner. It appears that he also addressed a separate complaint to the Commissioner of Police, Pune. It appears that the Appellant did not co-operate with the police for investigations into his complaint. The Police repeatedly attempted to contact the Complainant on his mobile and called him to the Police Station for registration of the FIR. However, the Appellant has failed to remain present before the Police Station for recording of his statement. The Appellant was thus completely non-cooperative with the Police and did not show interest in lodging of FIR. Accordingly, the Appellant was given intimation on 17 June 2024 about closure of his complaint. In that view of the matter, I am not inclined to interfere in the impugned order.

3) Criminal Appeal is accordingly rejected.

[SANDEEP V. MARNE, J.] Page No.

2 of 14 November 2024