1 APPLN-5083.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.5083 OF 2010 The State of Maharashtra .... Applicant Vs. Mahadev Madhukar Herekar & Ors. .... Respondents Shri S.A. Shaikh, APP, for the Applicant- State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 12, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondents ordered by the learned Additional Sessions Judge, Gadhinglaj for the offences punishable under Section 143 of IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also against the acquittal of respondent Nos.2 to 5 for the offence punishable under Section 504 of IPC. The learned Judge held the original accused No.1 Mahadev Madhukar Herekar guilty of the offence punishable under Section 504 of IPC and 2 APPLN-5083.10 sentenced him to pay a fine of Rs.5,000/-. Thus, he held the offence of intentionally insulting the complainant to have been proved, yet he went on to observe that there was no evidence on the record to show that accused No. 1 had uttered any such word nor humiliated or intimidated the first informant. The learned Judge also found the investigating officer - Deputy Superintendent of Police Sandip Jadhav - to have not been authorised to carry out the investigation, as required under Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The learned APP points out, first, that the authority of the investigating officer Sandip Jadhav, who was examined as PW-7, had not been questioned in the cross-examination and suddenly in the Judgment the prosecution received this jolt. He submits that in fact Sandip Jadhav had been specifically appointed by Dr. Sukhvinder Singh, Superintendent of Police, Kolhapur by the order dated 30-1-2008 to investigate this very crime. The order recites that the Superintendent had considered the previous experience of Sandip Jadhav, his ability to investigate and handle such matters, as also sense of justice, while passing the order. The learned Judge could have, before 3 APPLN-5083.10 making such observations, called upon the investigating officer to show if he had the requisite authority to investigate. In view of this, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)