1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.600 2009 (Pathan Yunus Khan Abdul Aziz Khan and others vs. State of Maharashtra and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. N.L.Chaudhari, Adv., h/f Mr. R.N.Dhorde, Adv., for the petitioner. Mr. P.M.Shinde, Adv., for respondent nos. 1 and 2. Mr.Abhishek Kulkarni, Adv., for respondent no.3. ... CORAM: K.U.CHANDIWAL, J. DATE: 14/8/2009 P.C.:- 1. Heard. 2. A request for quashing proceedings in FiR No.3/2009, registered with Karmad Police Station for an offence under Section 3(1)(v)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is sought by the original accused. 2 3. The recitals in the FIR, if taken to its face value at prima facie level indicates that there is infraction of Section 3(1)(v) of the above Act as the accused/applicants herein have allegedly gone to the field of the complainant and caused threats to the complainant. The incident did take place as could be seen from the earlier report made by the accused (applicants herein) to the Police concerned. 4. The Counsel for the complainant points that the land Gat No.91 of the complainant is far away from the land Gat No.89 of the accused and there is no reason for the complainant to interact or to encroach upon the land Gat No.89 of the accused. In the above situation, at this stage, illegality of the sale deed or there being no legal rights flowing in the complainant in respect of the said property, cannot be gone into. There is prima facie material. The FIR 3 cannot be quashed. The application is rejected. (K.U.CHANDIWAL) JUDGE ... agp/ 600-09crapl