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2017 Supreme(Bom) 374

S.S.SHINDE, K.K.SONAWANE
Harischandra s/o Vishwanath Chavan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants : Mr. S.J. Salunke
For the State : Mr. S.G. Karlekar
For the Respondent: Mrs. S.A. Ambliwade h/f Mr. D.J. Patil

JUDGMENT :

K.K. Sonawane, J.

1. Heard. Rule. Rule made returnable forthwith. Matter is taken up for final hearing with the consent of parties. This is a unique case where the Civil Judge (J.D.), while exercising jurisdiction of the Civil Court, dealing with the civil proceeding, i.e. R.C.S. No. 61 of 2014, ventured to utilize the powers of a Magistrate as envisaged under the Code of Criminal Procedure, and proceeded to direct investigation under Section 156(3) of Cr.P.C. barely on the protest application filed on behalf of the defendants in the suit.

2. The applicant moved the present application under section 482 of Cr.P.C. to quash and set aside the impugned order passed under Section 156(3) of the Cr.P.C. as well as consequential proceeding of FIR bearing Crime No. 3/14, registered with Bardapur Police Station, under Section 3(1)(g), 3(1)(r) and 3(1)(z) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as, “the Atrocities Act, 1989” for sake of brevity) and Section 506 r/w. 34 of IPC.

3. It has been contended that the applicants are owner and in possession of agricultural land Gat No. 176, located at village Nandgaon, Tahsil Am





























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