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2013 Supreme(Bom) 1173

B.R.GAVAI, P.N.DESHMUKH
State of Maharashtra, Through Deputy Commissioner of Police – Appellant
Versus
Shashikant – Respondent


Advocates:
Advocate Appeared
For the Petitioner:D.J. Khambata, Advocate General with N.W. Sambre, Public Prosecutor, M.K. Pathan, Ambarish Joshi, Additional Public Prosecutors.
For the Respondent:R.R. Vyas, Advocate.

JUDGMENT

(Per B.R. Gavai, J.)

1. The State of Maharashtra has approached this Court being aggrieved by the order passed by the learned Judicial Magistrate, First Class, Nagpur in Misc. Criminal Application No. 683 of 2013, dated 30th March, 2013, thereby directing investigation to be conducted as per the provisions of Section 156(3) of the Code of Criminal Procedure on a complaint filed by respondent herein. Since during the pendency of the present application, First Information Report came to be registered by Police Station, Dhantoli Nagpur, the application has been amended so as to raise the challenge to the registration of the said First Information Report. Consequently, the State has also prayed for quashing and setting aside the First Information Report.

2. The facts, in brief, giving rise to the present application arises as under.

The respondent, who is an Officer belonging to I.P.S. Cadre, addressed communication to the Senior Police Inspector, Dhantoli Police Station, Nagpur, contending therein that four Officers of the State Government had committed offence punishable under Section 3(1) (ix) (x) and section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention











































































































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