SHAIKH KHAYYUM SHAIKH YUSUF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit.

(2.) The present appeal has been filed under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 [hereinafter referred to as 'the Act' for short] to challenge the order dtd. 17/04/2023 passed by the learned Special Judge under the Act / Additional Sessions Judge - 3, Hingoli, in Criminal Bail Application No.180/2023.

(3.) The appellant has been arrayed as an accused in Crime No.210/2023 dtd. 21/03/2023 registered with Akhada Balapur Police Station, Hingoli for the offences punishable under Sec. 363 of IPC, to which, later on Ss. 364 , 302 and 201 of IPC and Ss. 3(2)(5) , 3(2)(va) of the Act came to be added, the said FIR came to be lodged. On the basis of FIR lodged by present respondent no.2, notice has been issued and in the meantime, what is emerging is that the Investigating Officer and Sub Divisional Officer, Vasmat has produced a report under Sec. 169 of Cr.P.C. before the learned Special Judge stating that the investigation that has been carried out does not show evidence against the present appellant. What we could gather is, the learned Special Judge on 16/06/2023 appears to have called the case diary for his perusal. It is also orally informed that notice has been issued to the informant i.e. present respondent no.2. The Investigating Officer is present in the Court.