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2013 Supreme(Bom) 222

M.L.TAHALIYANI
Gajendra Puranrao Tayade – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. A.B. MIRZA, Adv. for Petitioner.
Mr. S.S. DOIFODE, Addl. PP for Respondents 1 and 2.

JUDGMENT:-

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Rule. Rule returnable forthwith by consent of the learned counsel for the parties.

3. The petitioner feels aggrieved by the order passed by the learned Magistrate in Misc. Criminal Case No. 178/2011 on 3rd October 2012, which runs as under:-

"1] The application below Exh.7 is hereby rejected.

2] As the complaint was sent for investigation u/s 156(3) of Cr. PC. To PSO Khallar and PSO has registered FIR. There is no any proceeding is pending in this court to pass any order accordingly proceeding below Exh.1 is disposed of."

4. This order was passed by the learned Magistrate below applications (Exhibits 1 and 7). The petitioner wanted the offences punishable under Sections 3(1)(v), 3(1)(viii), 3(1) (ix), 3(2) (vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 to be added in the F.I.R. registered by Police being F.I.R. No. M-1 dated 23rd November 2011. The said F.I.R. was registered pursuant to the order passed by learned Magistrate in a Miscellaneous case under Section 156(3) of the Code of Criminal Procedure on 9th September 2011. By the said order, the compla











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