17-apeal-1133-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1133 OF 2025 Charan K. Gaikwad …Appellant V/s. Sandipan N. Shinde & Ors. ...Respondents. ………….. Mr. Ashish S. Ingle a/w Dayawant Gaikwad for the Appellant. Mr. Y.Y. Dabake, APP for the Respondent/State Mr. Sandipan Shinde, DPI, Manpada Police Station, Present. Mr. Nagesh Shiraskar, PSI, Shil-Daighar Police Station, Prsent. ………….. CORAM : N.R. BORKAR, J. DATE : 18.09.2026. P.C. : 1. The Appellant herein had lodged the complaint with the concerned police station against Kishor Mhatre, Akash Patil and Pradeep Patil inter alia for the offences punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Pursuant to said complaint preliminary inquiry was conducted and the complaint was found to be of civil nature. The Appellant, therefore filed the complaint case before the Special Court against Respondent Nos.1 to 3, who are Police Officials alleging that it was not permissible to conduct preliminary inquiry and they ought to have directly registered the F.I.R. It is alleged that as they failed to do so crime needs to be registered against them for the offence punishable under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Priyanka 1/2 17-apeal-1133-25.odt Atrocities) Act. 2. By the Order impugned in this Appeal the learned Special Court has dismissed the said complaint case filed by the Appellant against Respondent Nos.1 to 3. 3. In the facts and circumstances in absence of any finding of the competent Court that the complaint lodged by the Appellant against Kishor Mhatre, Akash Patil and Pradeep Patil was not of civil nature and offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were made out, no prosecution under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act can be launched against Respondent Nos.1 to 3. 4. The learned counsel for the Appellant therefore seeks leave to withdraw the Appeal with liberty to file fresh complaint against Respondent Nos.1 to 3 in case such cause of action arises. 5. The Appeal is disposed of as withdrawn with liberty as sought. [N.R.BORKAR, J.] Priyanka 2/2