LAXMAN NARAYAN GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocate for the applicant - orig.accused and the learned APP for the State.

(2.) THE applicant is seeking quashing of FIR relating to C.R. No.I-77 of 2008 of Dahanu police station. The said case is under Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under Section 7(1)(d) of the Protection of Civil Rights Act, 1955 and under Sections 354, 506 and 509 of Indian Penal Code. The learned Advocate for the applicant states that he is not pressing for quashing of Sections under Indian Penal Code at this stage and he seeks liberty to file appropriate proceedings before the appropriate Court in respect of said offences at a later stage. Liberty as prayed for is granted. Hence this application is being considered only in respect of quashing of offences under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955,

(3.) A Division Bench of this Court (R.M.S. Khandeparkar and Smt. V.K. Tahilramani, JJ.) in the case of Subhadra Sushil Anand and others Vs. State of Maharashtra and another in Criminal Writ Petition No.1019 of 2007 decided on 13.9.2007, has held that