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2001 Supreme(Bom) 459

R.K.BATTA
Yunus Daud Bhura – Appellant
Versus
State of Maharashtra, through Police Station – Respondent


JUDGMENT - R.K. BATTA, J.:---The applicant, who is an Advocate, approached this Court under section 482 Cri.P.C. for quashing of First Information Report as also investigation under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the "Act"). The applicant has made further prayer to stay his arrest. By order dated 11-11-1997 by way of interim relief the police were directed not to arrest the applicant and the said order was continued vide order dated 15-12-1997 till final disposal of the matter after the matter was admitted.

2. Learned Advocate for the applicant made the following submissions before me :---

(1) There is delay of fifteen days in filing the complaint.

(2) That, the utterances attributed to the applicant do not make out any case under section 3(1)(x) of the said Act.

(3) The alleged utterances were not made within the "public view" as no witnesses were present and the witnesses are alleged to have come to the room after the incident, and

(4) That, according to Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for short, the "Rules"), investigation into the offences co











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