PAPU ASHOK SUPEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) None present for the Respondent No.2, though the afdavit of service indicates that the notice has been duly served in compliance with order dated 12/06/2020. With consent, the Appeal is heard and decided on merits.

(2.) This is an Appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as 'the Prevention of Atrocities Act'. The Appellants herein have challenged the order dated 13/03/2019 whereby the learned Additional Sessions Judge, Niphad has dismissed the Application under Section 438 of Cr.P.C. mainly on the ground of bar under Section 18 and 18-A of the Prevention of Atrocities Act in fling Application under Section 438 of Cr.P.C.

(3.) Mr. Amey Deshpande, learned counsel for the Appellants submits that there is no prima facie material to attract the provisions of the Prevention of Atrocities Act. He therefore contends that the bar under section 18 and 18A of the Prevention of Atrocities Act is not attracted and the application under Section 438 of Cr.PC. is maintainable. He submits that the appellants had also fled a cross complaint against the frst informant and his family members. He has further submitted that the ofences under IPC are not grave as to justify custodial interrogation.