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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Disposed off as Withdrawn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 The High Court disposed of the appeal as withdrawn, granting the requested liberty.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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