1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2593 OF 2008 Pushpa Vijay Bonde .... Applicant V/s. The State of Maharashtra ..... Respondent Mr.N.V.Gangal, for the petitioner. Mrs.A.S.Pai, APP, for the State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 25th FEBRUARY, 2010 P.C. 1. By way of this petition, petitioner/original accused has prayed for quashing of the FIR on the ground that the FIR has not been filed with a bonafide intention, but the same is filed with an ulterior motive. The present petition was filed on various ground, one of the ground is that the caste of the accused is not stated in the complaint. 2. The Full Bench of this Court in Criminal Writ Petition No. 2593 of 2009 has held that it is not mandatory that the caste of the accused should be mentioned in the complaint. So far as aforesaid point is concerned, the same is concluded against the petitioner. 3. Learned counsel for the petitioner submitted that complaint is filed after about one month and that it is filed only in view of personal 2 animosity between complainant and accused. At this stage, learned APP submitted that the investigation is over and chargesheet is filed on 28-05-2009. In our view, since the chargesheet is filed, the appropriate remedy available with the petitioner would be to apply for discharge. Since the offence is already investigated, prayer for quashing of the FIR has become infructous. We accordingly give liberty to the petitioner to apply for discharge before the Magistrate before whom chargesheet is filed. The concerned Magistrate may decide such application after considering relevant submissions on behalf of the petitioner and after hearing concerned parties and may decide such application in accordance with law. It will be open to the petitioner to agitate the points raised in this petition in such discharge application. It is clarified that we have not expressed any opinion in any manner on the merits of the issue and all contentions are kept open. 4. Subject to what is stated above, the writ petition is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)