JUDGMENT :

(Prakash D. Naik, J.)

1. Both these appeals are preferred by Appellants under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “SC/ST Act”) challenging Order dated 19th November, 2022 passed by learned Additional Sessions Judge, Thane/Special Court (Atrocities Act) in Criminal Anticipatory Bail Application No.4055 of 2022 rejecting application for pre-arrest bail in C.R. No.309 of 2022 registered with Bhayander Police Station on 22nd June, 2022 for offences under Section 427, 504 and 506 of Indian Penal Code (for short ‘IPC’) and Sections 3(1)(r) and 3(1)(s) of SC/ST Act.

2. The complainant has alleged that, he belongs to Chambhar Community which is Scheduled Caste. He owns a shop dealing in sale and repairs of foot wear at Bhayander (West). Accused are conducting business as decorators and caterers from the shop situated near complainant’s shop. On 21st June, 2022, the complainant was present at his shop. His son-in-law Manoj Amarchand More and his three friends Pravin Hiraman Bare, Rupesh Ramesh Khetle and Dilip Shankar Giri came to his shop for installing Tarpaulin shade adjacent to his shop. While they were carrying on the said work Jagdish and his brother Satish came there. Satish told the complainant not to install bamboo at the said place. Jagdish shouted at complainant and abused him on his caste. He also removed the bamboo installed at the said place. The complainant informed the accused that he has been provided Police protection and case is pending in the Court. He should not be troubled. He questioned the accused for parking vehicles on the gutter causing obstruction to traffic. Jagdish threatened him and both of them left the place of incident. The complaint was lodged on 22nd June, 2022 at about 15:10 p.m.

3. The Assistant Commissioner of Police/Investigating Officer issued notice dated 23rd June, 2022 under Section 41(A)-1 of Code of Criminal Procedure to the Appellant in Criminal Appeal No.1258 of 2022 and notice dated 27th June, 2022 to Appellant in Criminal Appeal No.1259 of 2022.

4. Appellants preferred Criminal Bail Application No.3092 of 2022 before the Additional Sessions Judge and Special Court (Atrocities Act), Thane for anticipatory bail. Application Exh.3 was preferred in anticipatory bail application seeking interim protection. Vide Order dated 11th August, 2022, application Exh.3 was rejected.

5. Appellants preferred Criminal Anticipatory Bail Application No.2369 of 2022 before this Court seeking interim protection. By Order dated 29th August, 2022, this Court noted that, the application pending before Sessions Court is slated for hearing on 2nd September, 2022. This Court did not entertain the application and directed that, on the next date of hearing the Special Judge shall grant an ad-interim relief or reject the application since it cannot be kept pending without any orders adhering to procedure prescribed under Section 438 of Cr.P.C. (Maharashtra Amendment Act).

6. Learned Additional Sessions Judge decided the application for anticipatory bail finally and rejected the same vide Order dated 2nd September, 2022.

7. Appellants preferred Criminal Appeal No.888 of 2022 before this Court. The appeal was heard and disposed off vide Order dated 14th September, 2022 by directing the appellants to attend Investigating Officer, Bhayander Police Station on 21st September, 2022 and 22nd September, 2022 and join the process of investigation. It was further directed that, in case the Investigating Officer forms an opinion that the arrest of Appellant is necessary, he shall issue notice 48 hours in advance to them. Order dated 2nd September, 2022 was set aside.

8. The Investigating Officer served the notice under Section 41(A)-1 of Code of Criminal Procedure dated 31st October, 2022 to Appellants stating that, the notice is issued to them in accordance with Order dated 14th September, 2022 passed by this Court. The notice also indicated that