1 Appln 1287-2009 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1287 OF 2009 The State of Maharashtra .Applicant V/s. Audumbar Vasant Patil & ors .Respondents Mrs.M.M.Deshmukh, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 23RD JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for leave to file an Appeal against acquittal of the respondents ordered by the learned Special Judge, Sangli, for the offences punishable under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 7(1)(d) of Protection of Civil Rights Act read with Sections 323, 504, 506 read with Section 34 of the I.P.C. on the ground among others that the FIR did not mention the caste 2 Appln 1287-2009 of the Complainant as well as accused persons and therefore, relying on the Judgment of this Court in Manohar M. Kulkarni v/s. State of Maharashtra, reported at 2005 Cri.L.J.4653 the learned Judge found that registration of offence and further investigation was unwarranted and legally unsustainable. The learned APP points out that this Judgment in Manohar M. Kulkarni v/s. State of Maharashtra, reported at 2005 Cri.L.J.4653 has been specifically overruled by the Supreme Court in in view of the Judgment in ASHABAI MACHINDRA ADHAGALE Versus STATE OF MAHARASHTRA AND OTHERS, reported at (2009) 3 Supreme Court Cases 789. 2. In view of this, leave granted. Admit. Call for R & P. Action under Section 390. (R.C.CHAVAN, J.)