1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.2420 of 2008 (Uttam Bapurao Gore and others v. The State of Maharashtra and another) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.P. Chaware, Advocate for Applicants. Shri D.B. Patel, APP for Non-Applicant No.1. CORAM : R.C. Chavan, J. DATE : 26th March, 2009 This is an application under Section 482 of the Code of Criminal Procedure for quashing FIR No.53 of 2003 dated 9-6-2008 for offence punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. It is alleged that the FIR was filed on 9-6-2008, i.e. almost one-and-half months after the incident dated 22-4-2008. It is also alleged that the report is false and the report attributes caste-based abuses only to applicant No.1. The learned APP points out that in the reply filed, it has been clarified that the report of the incident was received on 22-4-2008 itself though the offence came to be registered later after preliminary enquiries. Thus it cannot be said that the FIR is delayed. In any case, this relates to appreciation of evidence. As far as caste-based abuses are concerned, even the applicants admit that the FIR mentions that applicant No.1 had 2 indulged any such abusing. In view of this, it is not shown that on the face of it, the FIR does not disclose commission of any offence punishable under Section 3(1)(x) of the Atrocities Act or Section 7(1)(d) of Protection of Civil Rights Act. The applicant had been protected by this Court by order dated 4-7-2008. This order was confirmed on 20-2-2009. While the application for quashing the FIR is being rejected, the applicant shall continue to enjoy protection for two months. Till then the applicant shall furnish regular bail before the Trial Court. The application is rejected. Judge. Pdl.