1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.3493/2009 Applicants :- 1. Sk. Ali Sk. Amin, aged about 65 years, Occ. Grossery Shop. 2. Amanulla Khan Amin Khan, aged about 55 yrs., Occu. Labourer. 3. Khaledabi w/o Amanulla Khan, aged about 45 yrs., Occu. Housewife. ‘ 4. Rizwanabi w/o Sk. Firoz, aged about 22 yrs., Occu. Housewife. All r/o Ghonsara, Tq. Arni, Distt. Yavatmal. ...Versus... Non-applicants :- 1. The State of Maharashtra through Police Station Arni, Tq. Arni, Dist. Yavatmal. 2. Sahadev s/o Maroti Ingle, Aged about 40 yrs., Occu. Carpenter, r/o Ghonsara, Tq. Arni, Distt. Yavatmal. --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri J.B. Kasat, Adv. for applicants] [Shri A.D. Sonak, APP for non-applicant No.1] CORAM:- A.B. CHAUDHARI, J. DATED :- 04.03.2010 1. This is an application for quashing the F.I.R. and also for grant of anticipatory bail in respect of Crime No.142/2009 registered with Police Station Arni, District Yavatmal for the 2 offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. It is not in dispute that along with offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other offeces under the Indian Penal Code for assault etc. have also been registered against the applicants and several other persons. There is an order of grant of anticipatory bail made by the Sessions Judge in relation to the offences under the Indian Penal Code and therefore this Court is not concerned with the same as liberty to approach the Sessions Court for bail was granted by this Court under order dated 18.11.2009. The only question that remains to be examined is regarding offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Learned Counsel for the applicants vehemently argued that there is no corroborative evidence to the allegations made in the F.I.R. and other statement. 4. I have gone through the entire case diary and I find that there is direct evidence of practicing untouchability and abusing on caste to complainant and others and in respect of removing of 'Panchasheel Flag' in Bouddha Mohalla. These allegations are made against applicant Nos.1 and 2 only and perusal of the F.I.R. does not show such allegations against applicant Nos.3 and 4. 5. In view of the direct evidence against the applicant Nos.1 and 2, it cannot be said that no offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been made out. Hence, applicant Nos.1 and 2 are not entitled to grant any relief. In so far as the question of quashing F.I.R. is concerned, the investigation has already been 3 completed and it is not possible to examine the F.I.R. at this stage since the investigation papers show that the offences are made out. 6. Applicant Nos.3 and 4 are at liberty to apply for discharge in the offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, if so advised. However, in so far as applicant Nos.1 and 2 are concerned, there is prima facie case and material against them. Hence, I make the following order. O R D E R (i) Criminal Application in respect of applicant Nos.1 and 2 is rejected and liberty is granted to Police Station Officer, Arni, District Yavatmal to arrest applicant Nos.1 and 2 under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. (ii) In so far as applicant Nos.3 and 4 are concerned, they be released on anticipatory bail upon furnishing P.R. bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) each for the offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. (iii) Police Station, Arni, District Yavatmal is at liberty to file chargesheet after completing investigation in the appropriate Court. (iv) Applicant Nos.1 and 2 are at liberty to apply for regular bail in the offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. JUDGE SSW