1 APPLN-539.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.539 OF 2011 The State of Maharashtra .... Applicant Vs. Ravso Jinnappa Chougale .... Respondent Shri Rajesh More, APP, for the Applicant- State. CORAM: R.C. CHAVAN, J. DATED: JUNE 21, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent recorded by the learned Special Judge, Jaysingpur for the offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7(1)(d) of Protection of Civil Rights Act. The complainant, who claims to be belonging to Mahar caste, was Chairman of an Urus Committee in respect of a Dargah. Way to the Dargah passed through the fields of Chougales. The accused is related to those Chougales. There was a dispute about this right of way. Therefore, the parties had appeared 2 APPLN-539.11 before a Tehsildar on the incidental day. The accused is alleged to have said to the complainant that in respect of a God of Muslims, a Chairman belonging to Mahar caste could not ask for right of way. This incident took place at 11:30 a.m., at a distance of five feet from the police station, yet a report of the incident was given at 3:30 p.m.. The learned Judge also found that the entry in the school register about the caste of the complainant show that he was a native Christian and therefore could not belong to Scheduled Caste. It cannot be said that the observations of the learned Judge are perverse or improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)