This petition for quashing an offence under the SC/ST Act and IPC was dismissed. The court held that since the charge was framed and the case is ready for recording evidence, there is no possibility of quashing the proceedings at this stage.
Petition dismissed; Rule discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp141.09
1
IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 141 OF 2009
| 1. | Devidas S/o Santaram Thombre Age : 35 years, Occ : Agril., R/o Dinwada, Tq. Gangapur, Dist. Aurangabad. |
|
|---|---|---|
| 2. | Shainath S/o Santaram Thombre Age : 30 years, Occ : Agril., R/o Dinwada, Tq. Gangapur, Dist. Aurangabad. |
|
| 3. | Latabai w/o Devidas Thombre Age : 32 years, Occ : Household, R/o Dinwada, Tq. Gangapur, Dist. Aurangabad. |
|
| 4. | Sunita W/o Shainath Thombre Age : 28 years, Occ : Household, R/o Dinwada, Tq. Gangapur, Dist. Aurangabad. |
....PETITIONERS. |
| Versus | ||
| 1. | The State of Maharashtra through P.S. Sillegaon, Tq. Gangapur, Dist. Aurangabad. |
|
| 2. | Ravji S/o Laxuman Pathare Age : 35 years, Occ : Agril., R/o Dinwada, Tq. Gangapur, Dist. Aurangabad. |
...RESPONDENTS. |
| Mr. Mr. |
P.F. Patni, Advocate for petitioners. B.J. Sonawane, APP for respondent n |
o.1/State. |
| Mr. | S.G. Thombare, advocate for respond | ent no.2. |
wp141.09
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CORAM : T. V. NALAWADE, J. DATED : 15th June, 2012.
ORAL JUDGMENT :
[ T. V. NALAWADE, J. ]
sga/
2 issues framed by the court
Whether the criminal proceeding can be quashed on the ground that the charge was framed for an offence added only after recording of supplementary statements of witnesses.
Whether the petition challenging the quashing of the offence under Section 3(1)(x) of SC/ST Act must be dismissed at the stage where the case is ready for recording evidence.
2 provisions across 2 enactments
Devidas S/o Santaram Thombre
Shainath S/o Santaram Thombre
Latabai w/o Devidas Thombre
Sunita W/o Shainath Thombre
The State of Maharashtra
Ravji S/o Laxuman Pathare
T. V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
