NITIN SOPAN MEHETRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. By consent of the parties, the matter is taken up for final hearing.

(2.) THE petitioners are accused in a Crime Registered at No. 1-86/2003 at Police Station Karjat for offences punishable under sections 436, 427 r. w. 34 of I. P. C. , section 3 (l) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act"), on the basis of a complaint filed on 4-7-2003 by Vijaya Kiran Bhosale, r/o Karjat, Tq. Karjat, Dist. Ahmednagar. It is alleged that she along with her husband and children stay in a house at Karjat and they do labour work. The had constructed a house on a plot purchased from Santosh mehetre. On 3-7-2003 at 10. 30 a. m. all the inmates of the house had gone to Karjat Police Station. She, along with her Husband and daughter, returned to their house on the same day at 3. 30 p. m. At that time, they were informed that at 3. 00 p. m. , some unidentified persons, with ill intention, thrown away some house hold articles and had burnt some of them and caused damage. A supplementary statement of the complainant Vijaya was recorded on 22-10-2003, wherein she referred the names of the petitioners and another being instrumental for commission of the crime. Thereafter, statements of witnesses wee recorded on 22-10-2003. Investigation was completed and charge-sheet was filed on 12-11-2003 for offences punishable under sections 436, 427 r/w. 34 of I. P. C. and section 3 (l) (k) of the Atrocities Act.

(3.) THE learned Counsel for the petitioners submits that no offences under section 3 (l) (k) of the Atrocities Act is disclosed from the charge-sheet.