Mr.Majmudar, learned advocate for the applicants on instruction submits that so far as applicants No. 1, 2 and 3 are concerned qua this application is not pressed and it may be permitted to be withdrawn.
However, on the basis of xerox copy of the caste certificate of applicant No.4 namely Dabhi Pradip Kumar Ashokbhai that he belongs to schedule caste (Vankar) as per the certificate issued by the District Social Welfare Officer, District Panchayat Banaskantha at Palanpur and, therefore, qua applicant No.4 offences under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 could not have been registered nor the applicant No.4 could have been charge-sheeted or prosecuted and tried and, therefore, qua him this application be allowed under Section 482 of the Code as prayed for.
However, considering overall facts and circumstances and xerox copy of the caste certificate as above is produced, keeping it open for applicant No.4 and in view of substance in the submissions of learned advocate for the applicant No.4 that he belong to scheduled caste as per the certificate dated 9.11.1995 issued by the competent officer, offences under the said Act namely the Atrocities Act, for which, the applicant could not have been tried but however, the above fact can be verified on the basis of original certificate by the trial Court at proper stage and, therefore, with the aforesaid observations, this application is permitted to be withdrawn with no order as to costs. Notice discharged.
[ANANT S. DAVE, J.] //smita// Top