Bench of Shinde & Badar, JJ., considered a Criminal Application seeking quashing of FIR alleging offences under the Atrocities Act. Court held allegations disclose offences under Sections 3(1)(v) and 3(1)(x) and rejected the application.
Application rejected. FIR not quashed.
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.
(1) Cri. Appln. No. 6889 of 2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Criminal Application No. 6889 of 2014
All R/o. Chanai, Taluka : Ambajogai, Dist. : Beed.
.. Applicants.
versus
(2) Cri. Appln. No. 6889 of 2014
Mr. S.V. Warad, Advocate, for the applicants.
Mr. S.G. Karlekar, Additional Public Prosecutor, for respondent no.1 - State.
Mr. Gaurav L. Deshpande, Advocate, for respondent no.2.
CORAM : S.S. SHINDE & A.M. BADAR, JJ.
DATE : 5TH JANUARY 2015
COURT'S ORDER (Per S.S. Shinde, J.) :
(3) Cri. Appln. No. 6889 of 2014
[For short, hereinafter referred to as "Atrocities Act"] . It is further submitted that the entire dispute is of civil nature. Even the female members of the family of the applicant no.1 are named in the FIR. Therefore, according to the learned Counsel appearing for the applicants, the Application deserves consideration.
(4) Cri. Appln. No. 6889 of 2014
attracted. At the stage of quashing the FIR, the allegations in the FIR will have to be taken as it is.
( A.M. BADAR ) ( S.S. SHINDE ) JUDGE JUDGE
puranik / CRIAPPLN6889.14
3 issues framed by the court
Whether the allegations in the FIR disclose an offence under Sections 3(1)(v) and 3(1)(x) of the Atrocities Act.
Whether a private dispute of civil nature should be quashed under the Atrocities Act.
Whether a case is made out to quash the FIR at the current stage.
1 provisions across 1 enactments
Bhausaheb s/o. Baliram Kadam and others
The State of Maharashtra, Through P.S. Ambajogai
Sheshrao s/o. Yadavrao Dehere
S.S. Shinde
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
