1 Cri.Appln.No.1537/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1537/2011 ( Ganpat s/o Vitthal Hangarge and Anr. Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. SK Naikwada, Adv. for Applicant/s; Mr. KS Patil APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 3 rd May, 2011. 1) Heard finally. 2) The accused/applicant claims to be employed at Mumbai, however, had come to the village. FIR for events dated 22.1.2011 is lodged against almost all the family members of the accused/applicant. It is alleged, he was holding an iron rod and was a member of unlawful assembly. But, his role is not attributed in assaulting any person from rival group or the complainant. 3) Sweeping statement is made in the FIR that all the accused have abused in the name of caste of the complainant. However, when 15 persons from the group of the accused are implicated, it is inconceivable that the accused/applicant, primarily staying at Mumbai, could have abused in the name of caste of the complainant. Taking all these aspects into consideration, custodial interrogation of the accused/applicant not 2 Cri.Appln.No.1537/2011 warranted. Primarily, no case in terms of infraction of Section 3(1)(x) of SC and ST Prevention of Atrocities Act, 1989, is made out to the extend of applicant no.1-Ganpat s/o Vitthal Hangarge. 4) The observations will be restricted to the extent of applicant no.1-Ganpat, need not be used as a parameter for other accused. 5) Interim protection dated 8th April, 2011 is made absolute. 6) The applicant no.1 – Ganpat shall attend the Investigator whenever so specifically commanded. (K.U.CHANDIWAL) JUDGE bdv/