The High Court of Judicature at Bombay made an order of protection from arrest absolute, accepting the argument that the underlying dispute was civil in nature and camouflaged as a criminal case regarding alleged caste abuse.
The interim order of protection from arrest dated 2/2/2022 was made absolute.
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.
1/2 3 APEAL 80-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 80 of 2022
Sadanand Bhau Vichare and ors
.. Appellants
Versus
The State of Maharashtra .. Respondent
Mr. Vaibhav Punekar with Kunal Patil for the appellants. Mr.Rajesh Dharap, Appointed Advocate for respondent no.2. Mr.S.R.Agarkar, APP for the State.
PSI Shri R.B. Alhar from Shrivardhan police station, Raigad.
CORAM: BHARATI DANGRE, J. DATED : 3rd MAY, 2023
P.C:-
1 On 2/2/2022, the appellants were admitted to protection from arrest, on the submission being advanced by the learned counsel for the appellants that the allegation of abuse in the name of caste had occurred some 30 years prior to the lodging of the complaint.
Accepting the submission that the dispute raised was civil in nature, but it was camouflaged as a criminal case, protection from arrest was granted.
Tilak
2/2 3 APEAL 80-22.doc
From 2/2/2022, interim order remains in force. The appellants were directed to report to the Investigating Officer on particular dates.
2 The learned APP submit that on compliance of this condition, the investigation is complete and charge-sheet is likely to be filed in the subject C.R.
In the wake of the said statement made by the learned APP, on instructions of Mr.R.B.Alhar, who is present in the Court, since the custodial interrogation is not necessary, the investigation being complete, the order dated 2/2/2022 is made absolute.
( SMT. BHARATI DANGRE, J.)
Tilak
2 issues framed by the court
Whether the interim protection from arrest order should be made absolute.
Whether the dispute was a civil matter camouflaged as a criminal case.
1 provisions across 1 enactments
Sadanand Bhau Vichare and ors
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
