1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.680 of 2009 (Homdev Laxman Bhomle and another v. State of Maharashtra) And Criminal Application No.681 of 2009 (Raju Parsaram Bhomle v. State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.A. Mohta, Advocate for Applicants. Shri Anoop Parihar, APP for State. CORAM : R.C. Chavan, J. DATE : 6th March, 2009 1. Heard the learned counsel for the applicants. 2. Notice to the non-applicant/State. 3. The learned APP waives service for the non-applicant/State. 4. These two applications under Section 482 of the Code of Criminal Procedure seek quashing of FIRs No.162 of 2008, whereby the applicants are alleged to have been involved in the commission of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Investigation in the case is complete and the chargesheet has already been filed. 5. It is seen from the chargesheet that the Investigating Officer applied the provisions of the Atrocities Act after it was disclosed in the investigation that the witness belonged to 2 Pardhi (Scheduled Tribe). The allegation against the applicants was that the applicants burnt the hutments of the victims alleging that the victims were indulging in commiting theft. It is a common allegation against Pardhis in the Maharashtra. Since the investigation in the matter is complete, the learned counsel for the applicants states that the applicants' custodial interrogation may not be necessary and the learned Judge of the Special Court may consider release of the applicants on bail if they surrender before the said Court. The learned counsel for the applicants also states that since the chargesheet has been filed, his clients would apply for discharge before the learned Judge of the Special Court, who may consider such application on the grounds raised in these two applications. 6. The learned counsel for the applicants, therefore, seeks permission to withdraw the present applications with liberty to approach the Special Court by surrendering before it for seeking regular bail and also discharge on the grounds on which these two applications are made. 7. Permission is granted. 8. The applications are disposed of as withdrawn with liberty as prayed for. 9. The learned Judge of the Special Court shall, in the circumstances, decide the applications for bail upon applicants' surrendering before the Special Court, as early as possible, after hearing both the sides. 3 10. The learned counsel for the applicants states that the applicants would surrender before the Special Court on 24-3- 2009. The learned APP for the State undertakes to inform the Investigating Officer so that the Investigating Officer could make necessary statement before the said Court. 11. Hamdast allowed. JUDGE pdl