1 CRI.APL NO.5403/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 6. CRI.APPLN/5403/2010 (KRUSHNA TULSIRAM DONGARE V/S THE STATE OF MAH) with CRI.APPLN.STAMP NO.201/2011 (Sanjay Vs. Krushna) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.Joydeep Chatterji, Adv., for the applicant. Mr. V.H.Dighe, A.P.P., for State Mr.Mr.S.S.Jadhavar, Adv., to assist A.P.P. ... CORAM: K.U.CHANDIWAL, J. DATE: 17.1.2011 1. Heard. Mr.Jadhavar desires to appear and oppose the application, by assisting learned A.P.P. Considering the allegations, the Criminal Application (Stamp No.201/2011) allowed. 2. In Crime No.108/2010, of Maujapuri Police Station, the accused/applicants seek exercise of powers under Section 438 of Cr.P.C. 3. The incident with the complainant has taken place on 7.12.2010 wherein the accused, known to the complainant, have stopped him when he was proceeding on a motor cycle. One of the 2 CRI.APL NO.5403/2010 accused/applicant dragged him off the motor cycle, two of them took him to a little distance near welding shop and they exerted pressure upon him, caused injury by using an iron rod. He was slapped, kick blows were inflicted. Complainant has named the accused/applicants. 4. Learned A.P.P. has produced investigation papers in which two independent persons, one of them belongs to the caste of accused/applicants, has supported the complainant informing, the incident in the manner as the complainant projects, has taken place, the accused applicants hurled abuses in the name of caste of the complainant. In the situation, no case to entertain pre-arrest bail and, in particular, in the light of bar created by Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Application rejected. (K.U.CHANDIWAL) JUDGE ... AGP/crapl5403-10