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2015 Supreme(Bom) 490

T.V.NALAWADE, I.K.JAIN
Bajirao – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Applicants:V.D. Salunke, Mayur V. Salunke, Advocates.
For the Respondents: R1 & R2, S.B. Pulkundwar, V.D. Godbharle, Additional Public Prosecutors.

Judgment :-

1. Both the proceedings are filed under section 482 of the Code of Criminal Procedure for the relief of quashing and setting aside First Information Reports given against the applicants on the basis of which crime is registered mainly for offence punishable under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”) (first proceeding) and section 3(1)(r) and (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 issued in respect of the provisions of the Act. The same learned Counsel argued in both the proceedings of the applicants and as the same point was argued for getting the relief, both the matters are being decided together. Learned Additional Public Prosecutor is heard.

2. In the first proceeding the crime is registered on the basis of report given by one Laxman Bansode. The incident in question took place on 25-6-2011. He has made allegations that at about 4.30 p.m, when he was present in front of his house, applicant Ganesh Deshmukh came in a car near SamajMandir. Ganesh called the complainant towards SamajMandir. According t




















































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