1 criap-1002.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1002 OF 2005 1. Bhikubai d/o Pralhad Patil, Age 25 years, Occ. Household. 2. Pramilabai w/o Pralhad Patil, Age 50 years, Occ. Household. Both r/o Saundane, Tq. & Dist. Dhule. applicants/ accused. versus 1. The State of Maharashtra (through Police Inspector Mohadi Police Station, Dhule). 2. The Supdt.of Police, Dhule. respondents ------- None for the applicants. Shri V.D.Godbharle, A.P.P. for Respondents. ------- Coram: A.H.Joshi & A.R.Joshi, JJ. Date : 17th October, 2011. Oral Judgment (Per: A.H. Joshi, J.) 1. The application was entertained. Rule was issued and ad- interim relief was granted. This was done in the background and on the point that caste either of the accused or the complainant was not mentioned in the FIR. 2. Heard. Perused the F.I.R. registered for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, 1989, under Crime No.9/2005 with Police Station, Mohadi . 2 criap-1002.05 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 the application and make the rule absolute in following terms:- (a) In the event of arrest in connection with FIR/Crime No.9/2005 dt. 2.4.2005, under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered with Mohadi Police Station, dist. Dhule, the applicants be released on furnishing P.R. bond and surety in the sum of Rs.2000/- each. (b) Rule is made partly absolute in above terms. (c) Interim relief is vacated. (A.R.Joshi, J.) (A.H.Joshi, J.) pnd/criap-1002.05