1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.860 of 2008 (Awadhut S/o Digambhar Bathe and another v. 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 P.S. Kshirsagar, Advocate for Applicants. Shri S.S. Doifode, APP for Respondent No.1. Shri U.S. Dastane, Advocate for Respondent No.2. CORAM : R.C. Chavan, J. DATE : 30th September, 2008 By this application under Section 482 of the Code of Criminal Procedure, the applicants seek quashing of FIR No.3023 of 2008 for offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Sections 504 and 506 of the Penal Code. The complainant is a Sarpanch of Gram Panchayat Kalegaon and the applicants are its members. It is alleged that on 12-2-2008 after the Gram Panchayat meeting, the applicants abused the complainant, who belongs to Scheduled Caste, on his caste. Thereafter the complainant gave immediate report to the police, which was in fact received by the police on the same day, as is now disclosed. The same was also entered into police station diary. Instead of registering the offence and proceeding for investigation, the Investigating Officer concerned seems to have kept the 2 report aside and the offence was registered only on 27-2-2008. It is the applicants' case that even the Secretary of Gram Panchayat, who belongs to Scheduled Caste, has not supported the complainant, and, therefore, according to the applicants, the FIR lodged in order to pressurize the applicants as voters in APMC elections, may be quashed. These are the matters, which are in the realm of appreciation of evidence, which may take place at the end of the trial. Prima facie, there is nothing to show that the offences are not made out and, therefore, there is no justification for quashing the FIR. The learned counsel for the applicants next submitted that the applicants had been protected so far by an interim order dated 4-3-2008 passed by this Court and that the said protection may be continued. Once it is clear that the applicants are alleged to be involved in the commission of offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, there is no question of providing any protection to them. The contention of the learned counsel for the applicants that at least applicant No.2 may be protected, as his personal involvement had not been indicated, has also to be rejected, since the report dated 12-2-2008 categorically mentions the names of both the applicants. Thus there is no merit in the application. Consequently, the application is rejected. JUDGE Lanjewar