1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3486 OF 2010 Balaji Dattu Phawade and ors. ..APPLICANTS -VERSUS- The State of Maharashtra & ors. ..RESPONDENTS ......... Mr. A.V. Patil (Indrale), advocate for applicants. Mr. N.H. Borade, A.P.P. for respondent/State. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 20 th October, 2010. PER COURT : 1. Heard. 2. The application is filed under Section 482 of the Criminal Procedure Code. 3. The F.I.R. is lodged by the respondent no.2 alleging that the applicants damaged the crops sown in Gairan land by grazing cattles in the land on 2nd July, 2010. It is alleged that applicant no.2-Venkant threatened the complainant and others by challenging them to enter the land and calling them " Maharagya Dhedgyano". 4. The learned Advocate for the applicants submit that such allegations about insult on the ground of complainant being a member of schedule caste is only against the applicant no.2 and as such, other applicants can not be charged for such offence. It is 2 for such a reason that he seeks quashing of the F.I.R. 5. One can not be oblivious of the fact that a large group of about 40 villagers went to Gairan land on the relevant morning and allegedly damaged the crops sown in the land. The dispute was about the encroachment on the Gairan land by the members of Dalit community and the villagers were aggrieved for the reason that there would not be available pastured land. The question, whether other applicants also participated in causing insult of the complainant on the ground of he is being a member of schedule caste, is the matter of investigation. The investigation is yet not completed. As such pre-mature stage, it is difficult to consider the averments in the application so as to quash the F.I.R. against all the applicants excluding the applicant no.2. It is yet seen whether they shall common intention. 6. Under the circumstances, the application is premature, and therefore the applicants are not entitled to seek discretionary relief available under Section 482 of the Criminal Procedure Code. The application is disposed of. (V.R.KINGAONKAR) JUDGE gas/cri3486.10