DASHRATH BHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

(2.) By this writ petition, the petitioner has challenged the legality and correctness of the order dated 8 th January, 2015 passed by the learned Adhoc Additional District Judge, Achalpur, in Sessions Trial No.3/2011, thereby rejecting his application for his discharge from the case. On the basis of the complaint lodged by Anandwardhan Vishwanath Adikne on 28th January, 2010, Police registered an offence punishable under Section 306 of the Indian Penal Code and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against this petitioner and one Subhash Dayaram Shriwas, the HeadMaster of the School run by the Society of which the applicant is the President. The HeadMaster is the accused No.1 and this applicant is the accused No.2. The report was investigated and after collecting the evidence against both these accused, Police filed the chargesheet. So far as present applicant is concerned, the chargesheet implicates him only for an offence punishable under Section 306 of the Indian Penal Code. This is also clear from the impugned order. However, the charge is yet to be framed. Before framing of the charge, the applicant moved an application (Exh.12) seeking his discharge under Section 227 of the Code of Criminal Procedure from the case.

(3.) After hearing learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent/State and considering the material available on record the learned Adhoc Additional Sessions Judge, Achalpur rejected the application by his order passed on 8th January, 2015. Not being satisfied with the same, the petitioner is before this Court in this writ petition.