Bombay High Court
CHARAN KUNDLIK GAIKWADversusSANDIPAN NILKANTHRAO SHINDE AND ORS
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
No prosecution under Section 4 of the SC/ST Act can be launched against the police officers as the court did not find the complaint to be non‑civil.
Summary
The appellant filed a complaint alleging offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against three individuals and challenged the police officers who conducted a preliminary inquiry, arguing that they should have directly registered an FIR and could be prosecuted under Section 4 of the Act. The Special Court dismissed the appellant's complaint against the police officers, finding no basis to treat the matter as non‑civil. On appeal, the appellant sought to withdraw the appeal and requested liberty to file a fresh complaint if a cause of action later arises. The High Court disposed of the appeal as withdrawn, granting the requested liberty. Consequently, no prosecution against the police officers can proceed absent a finding that the original complaint was not of a civil nature.
Issues considered
- Whether a preliminary inquiry can be conducted for a complaint under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether police officers can be prosecuted under Section 4 of the SC/ST Act for failing to register an FIR when the complaint is deemed civil.
Legislation cited
Subjects
- SC/ST Act
- preliminary inquiry
- FIR
- Section 4
- police liability
- criminal appeal
- withdrawal of appeal
Judgment
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
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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.]
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