STATE OF MAHARASHTRA Vs. ALLABAX KASHIMSAB

JUDGEMENT

(1.) This Appeal is directed against the order of acquittal passed by the Judicial Magistrate, First Class, Biloli. The accused were prosecuted for the offence under section 4(ii) of the Untouchability (Offences) Act, 1955 ( hereinafter referred to as the said Act).

(2.) According to the prosecution, on 11th September 1976, the complainant Gangaram Tikaji and six others had divided themselves into two batches of four and three each and had visited two different hotels, belonging to the accused separtely. Both the groups were not served with tea and eatables in utensils which were meant for the general public, but instead they were served in cups and saucers which were kept separately as they were members of the Harijan community. Hence on 13th September 1 976, all the seven addressed a letter to the Police Station making a grievance that the accused were discriminating against them in the matter of use of utensils, and a request was made in the said letter that the Government should take proper action against the accused. Hence Police launched the present prosecution under the aforesaid provisions of the said Act against both the accused.

(3.) It is difficult to understand as to why and how the two separate incidents relating to the two different hotels of the two different accused came to be joined together In one prosecution and a single prosecution was launched for two distinct offences, allegedly committed by the two accused. It is unfortunate to note that neither the prosecution nor the learned trial Magistrate noticed this most elementary requirement which has resulted in an illegality in the trial of the offences. However, I do not think in the present case, it is necessary to quash the prosecution and remand it for fresh trial since no grievance in that behalf was made before the trial Court or in this appeal by the accused.