1 criap-1685.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1685 OF 2007 1. Tejabai w/o Pandurang Jadhav, Age 45 years, Occ. Household, r/o. Wetal Nagar, Slum Area, Tuljapur, Tq. Tuljapur Dist. Osmanabad. 2. Digambar s/o Pandurang Jadhav, Age 22 years, Occ. Labour, r/o. As above. 3. Balasaheb s/o Haribhau Pawar, Age 55 years, Occ. Service, r/o Anand Nagar, Osmanabad Tal. & Dist. Osmanabad. 4. Subhangi d/o Santosh Navgire, Age 25 years, Occ. Household, r/o Wetal Nagar, Slum Area, Tuljapur Tq. Tuljapur Dist. Osmanabad. 5. Santosh s/o Chandrakant Navgire, Age 31 years, Occ. Labour, r/o as above. applicants versus 1. The State of Maharashtra through Superintendent of Police. 2. The Police Inspector, Police Station, Tuljapur, District Osmanabad. 3. Avinash s/o Abhimanu Rasal, age 32 years, occup. labour, r/o Wetal nagar, Tuljapur, Tq. Tuljapur, District Osmanabad. Respondents ------- 2 criap-1685.07 None for the applicants. Smt.S.D.Shelke, A.P.P. for Respondents no.1 and 2. ------- 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 of 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 Atrocities) Act, 1989, and under Sections 147, 148, 323, 33/34 of IPC under Crime No.86/2007 with Police Station, Tuljapur. 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. 3 criap-1685.07 5. We, therefore, pass the following order:- (a) In the event of arrest in connection with FIR/Crime No.86/2007 dt.12.5.2007, under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and under Sections 147,148,323, 33/34 of IPC registered with Police Station, Tuljapur dist. Osmanabad, 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-1685.07