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2023 Supreme(Bom) 1827

M. S. SONAK, B. P. DESHPANDE
Sunil Kumar Kaul – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Eeshan Usapkar, Advocate, S.G.Bhobe, Advocate, P.Faldessai, Advocate, Preetam Talaulikar, Advocate

JUDGMENT/ORDER

BHARAT P.DESHPANDE, J. - Both these petitions are taken up for arguments together since they relate to the same complaint lodged by Respondent No.2, which resulted in the lodging of FIR No. 98/2017. On the basis of such FIR, investigations were carried out, and two separate charge sheets have been filed. The first charge sheet is pending before the Special Court/Sessions Judge, North Goa, vide Special Case No.1/2008 for the offences punishable under Sec. 167 of IPC read with Sec. 3(1)(ix) of Schedule Castes and Scheduled Tribes (POA) Act. Another charge sheet was filed against Petitioner No.2 in Writ Petition No.182/2017 only under Sec. 167 of IPC since he belongs to the scheduled caste community.

2. Heard learned Counsel Mr Eeshan Usapkar for the Petitioners, learned Public Prosecutor Mr S.G. Bhobe and learned Additional Public Prosecutor Mr P. Faldessai, appear for the State and learned Counsel Mr Preetam Talaulikar appears for Respondent No.2.

3. Mr Usapkar learned Counsel for the Petitioners would submit that the FIRs nowhere disclosed the commission of offences under Sec. 3(1)(ix) of SCST (POA) Act and Sec. 167 of IPC and, therefore, registration of such FIR agains

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