1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 339 OF 2011 (Mohd. Juber Mohd. Salim and others .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri F.T. Mirza, Advocate for the applicants. Shri B.M. Lonare, APP for the respondent No.1/State. Shri Shriniwas Deshpande, Advocate for the respondent No.2. CORAM : PRASANNA B. VARALE, J. 16TH AUGUST, 2011. Heard the learned Counsel appearing on behalf of the respective parties. By the present application, the applicants are praying for quashing of the FIR dated 13.06.2011 bearing No. 62/2011 registered with Police Station, Digras, District Yavatmal for the offences punishable under Sections 147, 148, 149, 152, 504, 324, 427, 336 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Shri F.T. Mirza, the learned Counsel for the applicants submits that the FIR dated 13.06.2011 is nothing but an outcome of the dispute over a cricket match played between the two teams. He further submits that the complainant, who is active in political field, with ill motive, roped the applicants in false offence. The learned Counsel further submits that a bare perusal of the FIR shows that no offence is attracted and moreover there is no material to attract the provisions of Section 3(1)(x) of the Atrocities Act. He further submits that as there is nothing on record to show that the applicants have committed any offence, the application deserves to be allowed. Shri Mirza, the learned Counsel, to support his contentions, places heavy reliance on the judgment of the Apex Court in the case of Gorige Pentaiah .v. State of A.P. and others (reported in 2009 Cri.L.J., 350). 2 The reply is filed by the State. The material collected by the investigating agency made available by the learned APP. Perused the material on record. Perusal of the FIR dated 13.06.2011 reveals that the complainant Ravi Kalose, who is working as Junior Engineer in the Municipal Council, Digras, received an information on phone through his wife at about 10:30 to 10:45 p.m. when he was on visit to Water Purification Center. It was informed by his wife, who was crying, that some people assaulted their son and the residence was also subjected to their assault. On receiving the information, the complainant immediately rushed to his residence and on his reaching to the residence, the accused persons started abusing and made an assault on him. The residence was damaged. The motor cycle was also damaged. The FIR specifically names the applicants. It is also stated in the FIR that the complainant belongs to the scheduled caste. The perusal of the material collected by the investigating agency discloses that in the assault the brother of the complainant namely, Chandan received severe injuries and his forearm was fractured. The statements of the witnesses who were on the spot further reveal that the applicants were present on the spot armed with weapon like iron rod. It is also revealed that the complainant was abused on the caste. The words used surely indicate the humiliation. It is also revealed that though the witnesses who were present on the spot tried to intervene and pacify the applicants, the applicants paid no heed to their attempts and the complainant-Ravi was subjected to the assault. The residence also subjected to the assault and the witnesses saw that the window glasses were broken. Shri F.T. Mirza, the learned Counsel for the applicants though tried to place reliance on the judgment of the apex Court in the case of Gorige Pentaiah .v. State of A.P. and others (cited supra), in my opinion, the case at hand can clearly distinguishable from the judgment relied upon by the learned Counsel. In the present case, the material collected by the investigating agency 3 reflects and reveals that the witnesses had intervened in the matter and not only that in spite of their attempts to pacify the applicants, the applicants caused an assault on the complainant. The applicants were armed with weapon like iron rod. The house property was subjected to the assault. There is no dispute on the principle that in case where there is absolutely no material or the material which is not enough to attract the offence as alleged against the applicants, this Court can surely invoke the powers under Section 482 of the Code of Criminal Procedure for quashing the FIR. On considering the material produced by the investigating agency, I am of the opinion that there is sufficient material against the applicants. The application is devoid of merits. In the result, the application is rejected. Learned Counsel for the applicants submits that this Court, by an order dated 30th June, 2011 was pleased to grant ad- interim relief pending the application and the same may be continued for next two weeks so as to avail other remedies available under law as the applicants are students. At the request of the learned Counsel for the applicants, the ad-interim relief granted by this Court on 30th June, 2011 is continued for the period of two weeks only. JUDGE *rrg.