1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 4042 OF 2008 Anand s/o Sheshrao Bharose & anr. ..APPLICANTS VERSUS The State of Mah. & ors. ..RESPONDENTS Mr S. S. Rathi, Advocate for the applicants; Mr S.V. Kurundkar, A.P.P. for respondents no.1 & 2. CORAM : P.V. HARDAS, J. DATE : 27th November, 2009 PER COURT : This is an application under section 482 of the Code of Criminal Procedure for quashing the first information report registered against the present applicants by the Tadkalas police station, District Parbhani, vide Crime No.65 of 2008 for offences punishable under section 3 (1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under section 7 (1) (3) of the Protection of Civil Rights Act and under sections 353, 323, 504, 506 read with section 34 of the Indian Penal Code. When this petition had been listed before this Court, this Court by its order dated 19.1.2009 granted stay to the investigation 2 insofar as it related to the offences punishable under section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under section 7 (1) (3) of the Protection of Civil Rights Act. In respect of the other offences the Court declined to grant any stay. 2. Mr S.S. Rathi, learned Counsel for the applicants very fairly states that pursuant thereto the police have completed the investigation and have filed a charge-sheet and the present applicants have obtained regular bail from the Court. The challenge to the registration of the offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Protection of Civil Rights Act is that in the first information report the caste of the accused has not been disclosed by the complainant. Mr Kale, learned Counsel for the respondent has invited our attention to the judgment of the Full Bench in Pushpa Vijay Bonde vs. State of Maharashtra, 2009 (3) Mh.L.J. 489. The Full Bench while considering the aforesaid challenge held that merely because there was no mention of the caste of the accused in the first information report, that cannot be a ground for either not registering the offence under section 3 of the Atrocities Act or for quashing such complaint. Since the challenge which is raised in the present petition is no longer res integra and the challenge has been answered against the 3 present applicants, according to me there is no merit in the present application. This Criminal Application, therefore, is accordingly dismissed with no costs. ( P.V.HARDAS, J.) amj/criap4042.08