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2004 Supreme(Bom) 820

A.P.LAVANDE
Abdul Ghaffar Shaikh Jafar – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - LAVANDE A.P., J.: - Heard the learned Counsel for the parties.

2. The applicant is an accused in Criminal Case No. 14 of 1995 pending before the 1st Additional Sessions Judge, Nagpur. He challenges the proceedings filed against him, more particularly, under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the investigation has not been carried out by the Deputy Superintendent of Police, as required under Rule 7 of the Act. The charge against the applicant has also been framed by the trial Judge under sections 294 and 506 Part II of Indian Penal Code, and under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act"). After framing of the charge, the applicant filed application dated 31-1-2000 before the trial Judge, to drop the proceeding, under the Act, on the ground that the investigation in the case has been carried out contrary to Rule 7 of the Act. In the said application, the applicant has stated that the proceedings against him under the Act are liable to be dropped since the investigation was not carried out in conformity with the law. It w





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