Bombay High Court
Prasad Dilip Pathade vs The State Of Maharashtra And Anr on 13 December, 2018
Author: V.K.Jadhav
Bench: Indrajit Mahanty, V.K.Jadhav
(903)apeal-1147-18.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1147 OF 2018
Prasad Dilip Pathade ..Appellant
vs.
The State of Maharashtra & Anr. ..Respondents
Mr.Aniket Nikam alongwith Mr.Vivek Arote, for the Appellant.
Mr.V.B.Kande-Deshmukh, APP for the State/Respondent No.1.
Mr.G.A. Kataria, for Respondent No.2.
CORAM : INDRAJIT MAHANTY &
V.K.JADHAV, JJ.
DATE : 13th December, 2018.
P.C.
1] Heard learned counsel for the parties.
2] While hearing the matter, learned counsel for the Appellant has
drawn our attention to an order passed in Criminal Appeal No.1230 of 2018 by the Division Bench of this Court (Coram : Shri Justice S.S. Shinde and Shri Justice A.S. Gadkari) dated 24th October, 2018, wherein, the Hon'ble Division Bench took into consideration the challenge to the amended Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before the Hon'ble Supreme Court in Writ Petition (Civil) No.1015 of 2018 (Prathvi Raj Chauhan vs. Union of India), in which it is stated that show cause notices have been issued to the respondents therein. It has been stated in the said order that the matter was likely to be heard on 1/2 ::: Uploaded on - 15/12/2018 ::: Downloaded on - 27/12/2018 06:46:03 ::: (903)apeal-1147-18.doc 20th November, 2018 and accordingly this Court directed the Investigating Officer to proceed with the investigation, however not to take coercive action against the appellant till the next date.
3] It is stated by the learned counsel for the Appellant that the matter now stands adjourned to 2nd January, 2019 and accordingly, the present matter may be listed on 4th February, 2019, which may be analogus with Criminal Appeal No.1230 of 2018.
4] In view of what is stated above, the Investigating Officer is directed to proceed with the direction, but not to take any coercive action against the Appellant till the next date.
5] The matter to be tagged analogusly with Criminal Appeal No.1230 of 2018.
6] The Appellant is directed to serve a copy of the order in Criminal Appeal No.1230 of 2018 to the learned APP. In addition to informing office of the learned Advocate General regarding passing of this order, the Appellant is also directed to serve copy of the same on the Investigating Officer.
(V.K.JADHAV, J) (INDRAJIT MAHANTY, J) 2/2 ::: Uploaded on - 15/12/2018 ::: Downloaded on - 27/12/2018 06:46:03 :::