HARIDAS KISANRAO KHARBADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) When the matter is called out for hearing, none appeared for the applicants. This matter was listed for final hearing on 13.11.2009. When the matter was called out, none appeared for the applicant. To give one more opportunity to the counsel appearing for the applicants to represent and argue on behalf of the applicants, the matter was adjourned today for final hearing at 2.30 p.m. Even today, none appears for the applicant. This Court, on 13.11.2009 has made it clear that in case none appears for the applicant on the adjourned date i.e. today, this Court will proceed to decide the application on its own merits and accordingly the matter is taken up for final hearing.

(2.) Brief facts of the case are as under:-

(3.) The applicants, on the date of framing of charge, moved an application before 1st Ad hoc Additional Sessions Judge, Akola under Section 237 of the Code of Criminal Procedure 1973 for discharge of the accused persons i.e. the applicants, who were charge-sheeted under Section 3 of the Act. It was the contention of the applicants that the alleged offence cannot be constituted against accused person because in the report, there are no specifications regarding what abuses are given or by whom they are given. It was further contention of the applicants in the said application that if there is no mention of caste in the First Information Report, investigation conducted on basis of said report cannot be entertained. It was further contended that the said offence should not have been registered by non applicant against the applicants. Therefore, it was prayed that the applicants be discharged from the said offence especially from offence punishable under Section 3 (1) (ii) of the Act.