(ii) The applicant shall attend the concerned Police Station as and when called;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

SQ Pathan 3/4 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:51 ::: Apeal.196.20.doc 8 Stand over to 3rd July 2020. 9 All concerned to act on the copy of this order, digitally signed

1 By the aforesaid interim application and criminal application, the applicant/petitioner, who appears in-person has made several grievances as against the Investigating officer-ACP Ms. Asmita Bhosale, amongst other grievances. In an earlier petition filed by the petitioner i.e. Writ Petition No. 1135/2019, this Court having considered the allegations and counter allegations levelled by the petitioner therein i.e. Sheetal Shah, was of the view that the interest of justice would be served if the petition i.e. Writ Petition No. 1135/2019 is treated as representation to the Commissioner of Police and as such directed the Commissioner of Police to take cognizance of the said writ petition within four weeks from the date SQ Pathan 1/3 wp.3402.19.doc of the order. Since multiple reliefs are sought in the petition, in particular, transfer of investigation of all five FIRs registered with different police stations, this Court directed that the investigation of all the five FIRs be assigned to a responsible high ranking officer, not below the rank of A.C.P and on such officer being designated to investigate, the petitioner was directed to cooperate with the said investigation. The said order was passed on 4th June 2019 and was disposed of with the aforesaid direction. 2 The grievance of the applicant/petitioner in both the aforesaid applications is that there is a threat to her life and to her children and that the Investigating Officer Ms. Asmita Bhosale and other Officers are not investigating the matter in accordance with law. The petitioner has made several allegations of corruption as against some of the officers. According to her, the said investigation in the five FIRs is not being conducted in a fair and impartial manner.

2. The appellant is apprehending the arrest in Crime No.282 of 2019 registered with Ghargaon Police Station, Sangamner, Dist. Ahmednagar for the offence punishable under Sections 294, 504, 506 of Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act. The first information report has been lodged by present respondent No.2.

3. Heard learned Advocate Mr. L. S. Mahajan for appellant, learned APP Mr. P. K. Lakhotia for respondent No.1-State and learned Advocate Mr. S. B. Ghatol Patil for respondent No.2. Perused the affidavit-in-reply along with documents.

4. It has been vehemently submitted on behalf of the appellant that the learned Special Judge failed to consider the enmity between the applicant and the informant. A complaint application has been filed by the present appellant in respect of the property dispute. It was contended that there is a Big house (Wada) of the forefathers of the appellant. It is now in dilapidated condition. There was certain space behind the said Wada. When the family -2- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: 2-Apeal-6-2020.odt of respondent No.2 started levelling the land behind the Wada, it was objected by the appellant so also a written complaint was filed on 08-09- 2015 to the Grampanchayat. However, the Grampanchayat with some political motive had made entries in the name of the family of respondent No.2. Therefore, a complaint application was then made by him to the Collector. The informant got annoyed with the same and, in fact, application under Section 14-G of the Maharashtra Grampanchayat Act was filed by the appellant against the Sarpanch, Deputy Sarpanch and the Gram Sewak of the Grampanchayat. It was stated that all of them together had shown the open space belonging to the appellant in the name of one Maruti Karbhari Mundhe, Suresh Karbhari Mundhe and Pramod Rambhau Mundhe. It is further stated that present respondent No.2 is the near friend of said Mundhe family and by taking advantage of the caste of the informant false complaint has been lodged and those two persons from Mundhe family whose name has been taken in the application before Collector by the appellant are shown to be the eye witnesses to the incident. In fact, these two witnesses by name Mundhe were not even present when the incident had taken place. Therefore, when the FIR is filed with mala fide intention, the learned Special Judge ought not to have considered that there is bar for entertaining pre- arrest bail applications in view of Section 18-A of the Atrocities Act. -3- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 :::

2. The applicant has been convicted for the offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- (Rs. Ten Thousand only), in default, to suffer rigorous imprisonment for one year. -1- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:45 :::

2(i)-appln-3675-19.odt

3. Heard learned Advocate Mr. R. C. Bora holding for learned Advocate Mr. M. L. Wankhade for applicant and learned APP Mr. P. G. Borade for respondent-State.

2. Rule is made returnable forthwith with consent of ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:34:03 ::: (2) Cr.WP 1611/2016 both the parties and matter is taken for fnal hearing at the stage of admission itself.

3. Present petition has been fled by the original accused, invoking the constitutional powers of this Court under Article 227 of Constitution of India and the inherent powers under Section 482 of Code of Criminal Procedure for quashing and setting aside order passed in Criminal Revision Application No. 55 of 2015 dt. 21-09-2016 by learned Sessions Judge, Jalgaon and also to challenge the order passed below Ex.1 in Regular Criminal Case No. 573 of 2006 dt. 26-11-2014 passed by learned Chief Judicial Magistrate, Jalgaon.

2. Present appeal has been filed by original accused under Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (herein after referred to as the Atrocities Act) with Section 438 of Cr.P.C. in order to challenge the order of rejection of their bail petition No.78/2020 passed by learned Additional Sessions Judge, Aurangabad (Special Court) on 17.1.2020.

3. It has been submitted on behalf of the appellants that they are apprehending arrest at the hands of M.I.D.C., Waluj Police Station in respect of Crime No.12/2020 dated 07.01.2020, on the basis of the First Information Report lodged by the respondent No.2, for the offences punishable under Section 294, 452, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(w)(i)

2. Admit. With consent of learned Advocates for the respective parties, taken up for final disposal.

3. Present appeal has been filed under Section 14(A)(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for challenging the order of rejection of bail application under Section 438 of the Code of Criminal Procedure in Criminal Misc. Application (Bail) No.46/2020 on 21.1.2020 by learned Additional Sessions Judge-3, Jalna.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:31:54 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:00 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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1. The Appellant is a generator maintaining and operating two units of coal-fired thermal generation plants. For purposes of setting up the said units, the construction work started some time in 2011. It had entered into an arrangement with the second Respondent (Discom) for supply of electricity for purposes of start-up, its need continuing the first unit having been commissioned on 11.02.2014 followed by the second unit commissioned on 02.08.2015.

2. The Appellant was a consumer for start-up power for the period 01.09.2013 to 31.05.2015. By the billing raised for supply of such electricity in terms of the Supply Agreement dated 07.01.2013, the Respondent Discom treated it as a commercial consumer on the reasoning that it would fall in the residual category, referring in this context to the tariff schedule, in absence of any separate category for start-up power consumer being specified in tariff schedule.

1. The brief facts that led to filing of the present appeal are as under:

3

In terms of guidelines issued by Ministry of Power (MoP) for determination of tariff by bidding process for procurement of power by distribution licensees, on 18.05.2009, Respondent No.3- MSEDCL issued a request for proposal for procurement of 2000 MW (+30%-20%) for a period of 25 years on long term basis. In that process, the following bidders were qualified:

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