1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.3528/2009 Applicants :- 1. Shri Tryambak Vishwanathrao Taide, Aged about 45 years, Occupation - Service, R/o Gajanan Township Kathora Naka, Amravati, Tq. Distt. Amravati. 2. Shri Arvind Bhimrao Mhala, Aged about 40 years, Occupation - Agriculturist, R/o Astgaon, Tq. Morshi, Distt. Amravati. ...Versus... Non-applicant :- State of Maharashtra, through P.S.O. of P.S. Morshi, Tq. Morshi, Distt. Amravati. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri N.B. Raut, Adv. for applicants] [Shri A.S. Sonare, APP for non-applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 04.01.2010 1. Heard. 2. Learned Counsel for the applicants argued that F.I.R. does not make out prima faice case for attracting the offence and there being political rivalry in the village false report was lodged to Police Station by Sarpanch who belongs to scheduled caste. 2 3. Per contra, learned A.P.P. for non-applicant opposed the application and argued that the statements recorded by the police disclose commission of the said offence and the F.I.R. corroborates the same. At any rate at this stage this Court cannot make investigation into these aspects since there is prima facie case made out. He relied on the decision of the Supreme Court in the case of Ashabai Machindra Adhagale...Versus...State of Maharashtra and Ors., reported in JT 2009 (2) SC 441. 4. In view of the decision of the Supreme Court (supra) submission regarding mentioning of caste of the accused in the F.I.R. is not necessary and is liable to be rejected. I have gone through the F.I.R. so also the statements i.e. recorded by the police during investigation. Looking to the same, I find that prima facie case is made out for the offences registered. Further it is seen that the averments in the present application do not make out any case of malafides on the part of the complainant and on mere vague allegations this Court cannot come to any conclusion. In the result, I do not find any merit in the present criminal application. The same is, therefore, dismissed. The applicants are however at liberty to surrender before the Special Court which shall upon their surrender consider their bail application according to law. JUDGE ssw