FAIZAN ABDUL RAUF SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant, the learned A.P.P for the respondent No.1 State and learned counsel for respondent No.2.

(2.) The discharge application was moved by the applicant before the learned Special Judge (Court No.4), Ahmednagar. The learned Special Judge (Court No.4) was pleased to dismiss the application below Exh. 35 on 5/9/2022 discarding the contention of the applicant that there is material to frame the charges against him. Though in prayer clause the applicant has claimed the discharge from the offences under Ss. 307, 143, 147, 148, 149 and added Sec. 302 of the Indian Penal Code read with Sec. 3 (ii)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, the learned counsel for the applicant would submit that, at least the applicant ought to have been discharged for the offences punishable under Sec. 3(ii) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 as there was absolutely no material. He has also argued that the incident happened at the public place. The applicant was not knowing the deceased. The incident happened at the spur of the moment. The provisions of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 was applied afterthought. In the absence of any material, charge cannot be framed under Sec. 3 (ii) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989. Earlier the Criminal Writ Petition was filed, hence respondent No.2 was joined as a party. Then it was converted into Criminal Revision Application.

(3.) The learned A.P.P was called upon to point out the material to attract the provisions of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989. The learned counsel for respondent No.2 who is not a necessary party in the revision against the discharge application, has candidly made a statement that there is no material to attract the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.