{1} Cri. Application No.575/2009 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 575 OF 2009 1. Martand Ashruba Bhosale APPLICANTS Age-32 years, Occ-Agril R/o Kandi, Tq-Parali Vaijnath Dist-Beed 2. Rangnath Ashruba Bhosale Age-30 years, Occ-Agril R/o Kandi, Tq-Parali Vaijnath Dist-Beed 3. Suresh Hanumant Bhosale Age-18 years, Occ-Agril R/o Kandi, Tq-Parali Vaijnath Dist-Beed 4. Hanumant Dnyanoba Bhosale Age-40 years, Occ-Agril R/o Kandi, Tq-Parali Vaijnath Dist-Beed VERSUS 1. The State of Maharashtra RESPONDENTS 2. P.I.Sirsala Police Station, Tq-Parali Vaijanath, Dist-Beed, 3. Kavita Ganesh Ujgare, Age-25 years, Occ-Agril/Household R/o Kandi, Tq-Parali, Dist-Beed {2} Cri. Application No.575/2009 ....... Mr.A.S.Barlota h/f Mr.S.K.Barlota, Advocate for the applicants Mr.S.D.Kaldate, APP for respondent State Mr.M.A.Tandale, Advocate for respondent No.3. ....... [CORAM : A.V.POTDAR, J.] DATE: 23 rd September 2011 ORAL JUDGMENT: 1. Rule. Rule made returnable forthwith. By consent heard finally. 2. By the present application, u/s 482 of the Criminal Procedure Code, the applicants have prayed to quash and set aside the order dated 10.04.2008 passed by JMFC, Parali, thereby directing to add offence punishable u/s 3 (1) (xi) of the Atrocities Act against the applicants. 3. With the assistance of learned counsel for the applicants and learned APP I have gone through the entire record. It appears that on the complaint lodged by respondent No.3, an offence at Crime No.31/2008 was registered at Shirsala Police Station. Perusal of the complaint disclose that the alleged incident {3} Cri. Application No.575/2009 took place on 28.03.2008 in one agricultural field. It is alleged that the complainant was teased by the applicants, which she had reported to her husband and when her husband enquired with the applicants, the husband of the complainant was assaulted so also the complainant was assaulted. It appears that on the basis of said complaint, initially an offence was registered against the applicants for an offence punishable u/s 324, 323, 509 r/w 34 of the Indian Penal Code. It further appears that on 10.04.2008, an application was moved before PSI Sirsala to add offence under the provisions of the Atrocities Act. Accordingly, an application came to be moved before JMFC, Parali to add offence punishable u/s 3 (1) (xi) of the Atrocities Act wherein it is alleged that the complainant belongs to Scheduled Caste whereas the applicants belong to higher caste and with an intention to insult the complainant on the caste, she was assaulted. Curiously, all these facts are absent in the complaint as well as in the statement of husband of the complainant. Considering this aspect, it is clear that no offence is made out to add offence u/s 3 (1) (xi) of the Atrocities Act. The order impugned, dated 10.04.2008 passed by JMFC, Parali Vaijnath, is without application of mind and hence requires to be quashed and set {4} Cri. Application No.575/2009 aside. 4. Consequently, the applications succeeds. The application is allowed in terms of prayer clause “B” and stands disposed of. Rule is made absolute as indicated above. [A.V.POTDAR, J.] drp/B11/criaplon575-09