1 criap-1628.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1628 OF 2007 1. Sundar Shamrao Latpate, Age 37 years, Occu: Executive Engineer, R/o. C/o. K.S.Dharmadhikari, Vidyanagar, Parbhani, Tq. and Dist. Parbhani. 2. Anil Dinkarrao Joshi, Age 47 years, Occu: Jr.Engineer, R/o Staff Quarters, Jintur, Tq. Jintur, Dist. Parbhani. 3. Mahesh Prakash Chatuphale, Age 24 years, Occu: Jr.Engineer, R/o Staff Quarters, Jintur, Tq. Jintur, Dist. Parbhani. petitioners versus 1. The State of Maharashtra. 2. Superintendent of Police, Parbhani, Dist: Parbhani. 3. Police Inspector, Jintur, Jintur Police Station, Tq. Jintur, Dist. Parbhani. 4. Vilas Sitaram Wakle, Age: Major, Occu: Sarpanch, r/o. Murumkheda, Tq. Jintur, District Parbhani. 5. Vijay Devidas Wakle, Age Major, Occu: Member, Panchayat Samiti, R/o Yeldari Camp, Tq. Jintur, District Parbhani. 6. Manohar Namdeo Wakle, Age Major, Occu: Sarpanch, R/o Savangi Mhalsa, Tq. Jintur, District Parbhani. respondents ------- Mr. V.P.Kadam, Adv., for the applicants. Shri V.D.Godbharle, A.P.P. for Respondents no.1 to 3. Shri B.A. Darak, Advocate, for Respondent Nos. 4 to 6 ------- 2 criap-1628.07 Coram: A.H.Joshi & A.R.Joshi, JJ. Date : 17th October, 2011. Oral Judgment (Per: A.H. Joshi, J.) 1. The application was entertained. Rule was issued and ad- interim relief was granted. This was done in the background and on the point that FIR does not disclose the ingredients for commission of offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, having been complied with. 2. Heard. Perused the F.I.R. registered for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, 1989 and 7(1)(d) of the Protection of Civil Rights Act, under Crime No.3007 of 2007 with Police Station, Parbhani, for offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and 7(1) (d) of the Protection of Civil Rights Act. 3. It is not in dispute that the FIR is not expected to be encyclopedia and the aspect of caste not being mentioned in the FIR can be gone into in the course of investigation. 4. Interest of justice requires that the investigation be completed, however, the applicants can be granted protection against arrest. 3 criap-1628.07 5. We, therefore, dispose of the application and make the rule absolute, in following terms:- (a) Interim protection granted by this Court on 8.5.2007 shall continue for a period of four weeks from today. (b) In the event of arrest in connection with FIR/Crime No. 3007/2007 for offences under under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 7(1)(d) of the Protection of Civil Rights Act, registered with Police Station, Jintur, District Parbhani, the applicants be released on furnishing P.R. bond and surety in the sum of Rs.2000/- each. (c) Rule is made partly absolute in above terms. (A.R. Joshi, J.) (A.H. Joshi, J.) pnd/criap-1628.07