Sanjay Waghu Bharit v. The State Of Maharashtra And ANR

28-APEAL-1334-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1334 OF 2024 Sanjay Waghu Bharit ...

Appellant

Versus

The State of Maharashtra and Anr.

...

Respondents .....

Mr. Anil S. Kamble, for the Appellant.

Ms. Anamika Malhotra, APP, for the Respondent No.1-State. Mr. S. P. Dande, HC-2593, Ghoti Police Station present. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 6th FEBRUARY, 2025.

P.C.

Heard.

Admit.

At the outset, the impugned order passed by the Additional Sessions Judge-1, Nashik, on 2nd December, 2024, is ex-facie, perverse and illegal, in the sense, no reasons are assigned, especially, in view of the fact that after getting a report from the enquiry under Section 202 of the Criminal Procedure Code, a process came to be issued against the accused No.1 for the offence punishable under Digitally signed by REKHA PRAKASH PATIL Date:

2025.02.07 17:32:27 +0530 REKHA PRAKASH PATIL Rekha Patil

28-APEAL-1334-2024.doc Sections 3(f), 3(g) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act. However, before hearing the appeal finally, notice needs to be served upon the respondent No.2. Issue notice to the respondents, returnable on 17th February, 2025. Learned APP waives service on behalf of the respondent No.1.

In addition to the Court's notice, liberty to the appellant to serve the respondent No.2 by a private notice and to file an affidavit of service before the returnable date.

Learned APP shall ensure service of notice upon respondent No.2 through the concerned police station without seeking any further adjournments.

The appeal will be disposed of finally on the next date, subject to availability of time.

[PRITHVIRAJ K. CHAVAN, J.] Rekha Patil