1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.2352 OF 2008 (Shri Sudam Shrawan Bondre .vrs. State of Maharashtra and another) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri G.G. Mishra, Advocate for the applicant, Shri S.S. Doifode, APP for non-applicant no.1. .......... CORAM : R.C.CHAVAN, J. DATED : JANUARY 15, 2009. Heard the learned counsel for the applicant and the learned APP for the non-applicant no.1/State. This is an application under Section 482 of the Code of Criminal Procedure for quashing of F.I.R. for an offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 294 r/w 34 and 143 of the Indian Penal Code. Applicant Sudam claims that he was not at all present at the time of the incident. The learned 2 counsel for the applicant stated that though the incident took place on 21.2.2008, report in respect of the incident was lodged on 23.2.2008. The allegations are of general in nature and, therefore, the F.I.R. ought to be quashed. First, the F.I.R. itself shows that the report in respect of the incident was given on the next day. The report also shows that one Police Constable Walne started a sham enquiry on that report and because of political pressure on the Police Department, nothing further took place. The report shows as to what filthy abuses were uttered by the accused persons towards the women belonging to Scheduled Tribe. Since the F.I.R. discloses all the ingredients which would constitute an offence, there is no case for quashing F.I.R. Whether the applicant was present or not would have to be tested during course of investigation and at trial. The application is, therefore, rejected. JUDGE Gulande