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2023 Supreme(Bom) 1281

REVATI MOHITE DERE, BHARATI DANGRE, N. J. JAMADAR
Sanjay Krushna Katkar – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellant : Mr.Sanjeev Kadam with Mr.P.P.Raul, Mr.Mayur G.Sanap and Mr.Siddharth Karpe
For the Respondent:Mr. Yash Naik with Mr. Vaibhav Gaikwad and Mr. Atharva R.B., Advocates, Dr. Birendra Saraf, Advocate General with Mrs. A.S. Pai, Public, Prosecutor and Mr. J.P. Yagnik, Additional Public Prosecutor, Mr. Anil V. Singh, Additonal Solicitor General of India with Mr. Aditya Thakkar, Mr. Ashish Chavan, Ms. Savita Ganoo, Mr.Rohit Lalwani, Mr. D.P. Singh, Mr. Abhishek Bhadang, Mr.Pranav Thakur and Ms. Ismita Thakur, Advocates

JUDGMENT :

BHARATI DANGRE, J.

1. By order dated 28.11.2022, the learned Single Judge of this Court (Sarang V. Kotwal, J.) formulated two issues arising before him, to be placed before the Hon'ble the Chief Justice in terms of Rule 8 of Chapter I of the Bombay High Court Appellate Side Rules, 1960 and requested for constitution of a Bench of two or more Judges to decide the same.

2. The issues are eloquently set out in the order dated 28.11.2022, as under:

    “A. If a person belongs to a caste or a tribe which is declared by notification as a Scheduled Caste or Scheduled Tribe in a particular State or Union Territory, but not in other parts of the country, then whether any act defined under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; can be an offence outside that State or Union Territory.

B. The Appeals under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be decided by a Single Judge Bench or by a Division Bench and whether such Appeals would fall within any of the clauses (a) to (i) of Rule 2(II) (Criminal) of Chapter I of the Bombay High Court Appellate Side Rules, 1960.”

3. We would proffer to pr

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