1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1127/2009. Dr.Ashok s/o Yoginath Bangar - APPLICANT VERSUS 1) The State of Maharashtra and Anr. - RESPONDENTS ***** Mr.SS Thombre, Advocate for Applicant; Mr.KM Suryawanshi,APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 29th August,2009. PER COURT : . Heard Mr.Thombre learned Counsel for the accused/applicant. 2) By order dated 10th June, 2009, Rule is issued. The proceedings to the extent of present applicant/accused in relation to offence under Section 3(1)(x) of the Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, and under Section 7(1)(3) of the Protection of Civil Rights Act, in terms of prayer clauses (D) and (E), are stayed. 3) At this stage, the learned Counsel, on instructions, seeks withdrawal of the Criminal Application in so far as it relates to penal 2 provisions under Sections 302, 504, 506, 202 r/w 34 of IPC, to agitate the same before the learned Sessions Judge. 4) Prima facie the factual matrix indicate the accused/applicant, being a Medical Practitioner, provided his services to the injured - Amol, who was brought to him. He was not keeping well having severe abdominal pains. The accused/applicant gave treatment to him, however, said Amol succumbed to the internal injuries, for which, already a prosecution is initiated against the suspects, vide Crime No.I- 28/2009. The accused herein was not knowing caste of said Amol at the material time when he treated him. He, in all the situations probably thought that it was the minor incident of treating a patient and did not intimate the Police. Even if one accepts, it will be infraction of the duty cast on a Medical Practitioner, to intimate the police. However, there will not be any element of infraction of Section 3(1)(x) of the Atrocities Act. or of the Protection of Civil Rights Act. 5) As stated earlier, the accused has not abused in any mode, manner to the victim or any of the person least in public view. The prosecution against the applicant - Dr. Ashok Yoginath Bangar to the extent of offence under Section 3(1)(x) of the Atrocities Act and under 3 Section 7(1)(3) of the Protection of Civil Rights Act, in Crime No. I-28/09, registered at Jamkhed Police station, will not survive, it is accordingly quashed and set aside. 6) It is clarified, the police concerned are at liberty to proceed with penal provisions as indicated herein above and the provisions under the Atrocities Act against the other accused, if there is such material. 7) Rule is partly made absolute in above terms. 8) By virtue of order dated 10th June, 2009, the accused enjoyed pre-arrest bail in the sum of Rs.5,000/-, the same to continue till filing of charge sheet. ( K.U.CHANDIWAL ) JUDGE bdv/cran1127.09/fldr.1.9