1 criap-1529.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1529 OF 2007 WITH Criminal Application No.4321 of 2009 1. Bhausaheb Nilkanth Katkade age 55 years, occup. Police Patil, R/o Undegaon, Tq. Gangakhed, District Parbhani. 2. Suryakant Vinayak Katkade, Age 35, Occ. Sarpanch, r/o as above. 3. Narayan Somaji Darade, Aged 65, Occ. Agri., r/o. As above. 4. Vasant Udhavrao Katkade, Aged 35, Occ. Service & working as clerk in Sant Janabai Vidhyalaya Wankhed, r/o as above. 5. Hariram Narayan Katkade, Aged 65, Occ. and r/o. as above. 6. Bhagwat Damodhar Katkade, Aged 65, Occ. and r/o as above. 7. Yeshwant Narayan Kendre, Aged 55, Occ. and r/o as above. 8. Kishan Narayan Katkade, Aged 62, Occ. and r/o as above. 9. Maroti Kishan Kendre, Aged 70, Occ. and r/o. as above. 10. Sambhaji Kishan Kendre Aged 73, Occ. and r/o as above. 11. Dnyandeo Narhari Katkade Aged 65, Occ. and r/o as above. 12. Dhondiram Sambhaji Kendre, Aged 31, Occ. and r/o. as above. 2 criap-1529.07 13. Dattarao Kishanrao Katkade Aged 38, Occ. and r/o. as above. 14. Walmik Shivaji Katkade Aged 30, Occ. and r/o. as above. 15. Vithal Gangaram Katkade Aged 23, Occ. and r/o. as above. 16. Nathrao Damodhar Katkade Aged 35, Occ. and r/o. as above. 17. Munjabhau Ambaji Kendre Aged 55, Occ. and r/o. as above. 18. Tirupati Namdeo Katkade Aged 40, Occ. and r/o. as above. 19. Vidyadhar Motiram Katkade Aged 70, Occ. and r/o. as above. Applicants versus 1. The State of Maharashtra (Through the Police Sub Inspector, Pimpaldari Police Station, Tq. Gangakhed District Parbhani) 2. The Superintendent of Police, Parbhani. 3. Ankush Nivruti Sawant Aged 27, Occ. Labour, r/o Undegaon, Tq. Gangakhed, District Parbhani. Respondents ­­­­­­­ None for the applicants. Shri N.B.Patil, A.P.P. for Respondents no.1 and 2. None for respondent no.3. ­­­­­­­ Coram: A.H.Joshi & A.R.Joshi, JJ. Date : 17th October, 2011. 3 criap-1529.07 Oral Judgment (Per: A.H. Joshi, J.) 1. The application was entertained. Rule was issued and ad­ interim relief was granted on 3.5.2007, in respect of offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. Heard. Perused the F.I.R. registered for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, under Crime No.18/2007 with Pimpaldari Police Station. 3. It is not in dispute that the FIR is not expected to be encyclopedia and the aspect of caste not being mentioned in the FIR can be gone into in the course of investigation. 4. Interest of justice requires that the investigation be completed, however, the applicants can be granted protection against arrest. 5. We, therefore, dispose of he application and make the rule absolute, in following terms:­ (a) Interim protection granted on 3.5.2007 shall continue for a period of four weeks from today. (b) In the event the applicants have already appeared before the trial court and bail is granted to them, the interim protection granted by this court shall 4 criap-1529.07 come to an end forthwith. (c) Rule is made partly absolute in above terms. 6. Criminal Application No.4321/2009 does not survive and hence, disposed of, as such. (A.R.Joshi, J.) (A.H.Joshi, J.) pnd/criap­1529.07