Bombay High Court
Saliquiddin S/O. Ziyaoddin Chishty vs The State Of Maharashtra And Anr on 22 January, 2026
2026:BHC-AUG:3179-DB
1 cran 1866.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 CRIMINAL APPLICATION NO. 1866 OF 2019
Saliquiddin S/o. Ziyaoddin Chishty
VERSUS
The State Of Maharashtra And Anr
...
Advocate for Applicant : Mr. Kazi S.S.
APP for Respondents: Mr. S.D. Ghayal
Advocate for Resp.2:Mr Ajinkya Kale h/f Talekar and Associates
...
CORAM : S. G. CHAPALGAONKAR, J.
Dated : January 22, 2026
ORDER :-
1. Present application is filed for quashment of the charge- sheet bearing no.20 of 2019 filed on 5.3.2019 before the Sessions Court, Aurangabad in pursuance to FIR no.88 of 2018 registered with Khultabad Police Station, District Aurangabad for the offences punishable under sections 406, 504, 506 of the Indian Penal Code and sections 3(2)(v) and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short said Act) and further proceedings in Sessions Case No.120 of 2019 pending before the Sessions Court at Aurangabad.
2 cran 1866.19.odt
2. Apparently, applicant had previously approached this Court by filing Criminal application no.2968 of 2018 seeking quashment of the FIR. This Court while rejecting application observed that contention of applicant that respondent no.2- complainant is not belonging to scheduled caste category is a matter for appreciation of evidence and it is for the Investigating Officer to collect necessary documents to find out whether respondent no.2 belongs to scheduled caste or otherwise.
3. After filing of the charge-sheet, applicant again approached this Court for similar relief contending that during course of investigation, Investigating Officer has not collected any document depicting caste of respondent no.2 or any evidence to show that respondent no.2 belongs to the scheduled caste. Pertinently, respondent has categorically stated in FIR that he belongs to schedule caste although documentary evidence depicting caste is not made part of charge-sheet.
4. Mr. Kazi, learned advocate appearing for applicant endeavours to rely upon certain documents obtained by him under Right to Information Act from Caste Scrutiny Committee 3 cran 1866.19.odt at Chhatrapati Sambhajinagar. As observed by this Court in order passed in Criminal Application No.2968 of 2018, contentions sought to be raised before this Court requires scrutiny and appreciation of evidence of trial. In proceeding filed under section 482 of the Code of Criminal Procedure Code or 528 of BNSS such exercise is not possible. In case, applicant desires to rely upon some documents which are not part of the charge-sheet, he can do so before the Trial Court and can exhaust remedy of filing application for discharge.
5. In that view of the matter, there is no reason to entertain present criminal application. Application stand rejected.
( S. G. CHAPALGAONKAR, J. ) ...
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