Sanjay Waghu Bharit v. The State Of Maharashtra And ANR

S.S.Kilaje 24-APEAL-1334-2024 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1334 of 2024 Sanjay Waghu Bharit ... Appellans versus The State of Maharashtra and Anr.

.... Respondents ............

Mr. Anil S. Kamble, Advocate for the Appellant. Mr. Pandit Kasar, Advocate for the Respondents. CORAM : R. M. JOSHI, J.

DATE : 24th NOVEMBER, 2025.

P.C. :

1.

Heard learned counsel for both the sides.

2.

The grievance made in this appeal under Section 14-A of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is against the impugned Order dated 02.12.2024 passed in Criminal M.A.No. 94 of 2018, whereby complaint / proceeding before the Tiral Court is disposed of.

3.

Learned counsel for the original complainant submits that when the process has been already issued against the accused No.1, there was no justification to dispose of the said proceeding. 4.

Though learned counsel for the contesting respondent opposed 1/2

S.S.Kilaje 24-APEAL-1334-2024 (CR).doc the appeal, he was not able to justify the order impugned. 5.

Having regard to the fact that the process was already issued against accused No.1 i.e. contesting respondent herein and hence there was no question of disposal of the complaint. As such, there is merit in the appeal, as impugned order cannot sustain. Impugned order is set aside. 6.

The complaint / proceeding pending before the Special Court stands restored.

7.

The restoration of the proceeding shall not be construed as any opinion being expressed by this Court on the merit of the case. Digitally signed by SONALI SATISH KILAJE Date:

2025.11.26 09:57:45 +0700 (R. M. JOSHI, J.) SONALI SATISH KILAJE 2/2