1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR Criminal Application No. 2833 of 2008 Pandhari s/o Sitaram Wankhede, Aged 26 years, Occupation – Cultivator, R/o Kanergaon Naka, P.S. Goregaon, Tq.-Hingoli, District-Hingoli. .. APPLICANT .. Versus .. State of Maharashtra, through Police Station Officer, Washim, District – Washim. .. NON-APPLICANT --------------------------------------------------------------------------------- Mr. S.A. Mohta, Advocate for the applicant, Mr. V.A. Thakare, APP for the non-applicant. --------------------------------------------------------------------------------- CORAM:- S. S. SHINDE, J. DATED :- 9 th November, 2009 J U D G M E N T 1. This application is filed for quashing the F.I.R. under Section 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the applicant vide F.I.R. No. 335/2008 registered with Police Station, Washim, District-Washim. 2 The brief facts of the case as disclosed in the application are as under :- 2. The complainant Sou. Nanda Raju Kamble filed complaint with Police Station, Washim against the present applicant under Section 354 r/w Section 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the basis of the complaint investigation proceeded further. The present applicant filed this application praying for quashing the F.I.R. being Crime No.335/2008 filed by the complainant. This Court by order dated 8th August, 2008 granted rule on application and interim relief in terms of prayer clause (3). The learned Counsel appearing for the applicant invited my attention to the contents of the F.I.R, which is at Annexure-I from page 9 to 12 of the compilation of the application. The learned Counsel submitted that, after reading entire F.I.R. no case is made out for further investigation so far offence under Section 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3 3. The learned A.P.P. submitted that since the investigation is in progress, this Court may not interfere at this stage. 4. After hearing learned Counsel appearing for the applicant and learned APP for the State and upon careful reading of the First Information Report, it is clear that there is no any allegation in the F.I.R. so as to attract provisions of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On careful perusal of the F.I.R. there is nothing to indicate that, the present applicant/accused has uttered any word or abused the complainant on her caste. The complainant in F.I.R. only mentioned the caste of the accused and complainant and beyond that there is nothing in the F.I.R. so as to attract the provisions of Section 3 of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Therefore, so far F.I.R. in respect of provisions of Section 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is concerned, any further investigation will be abused of the process of law 4 and no purpose will be served. Therefore, the First Information Report dated 19-07-2008 so far it relates to the allegations under Section 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is concerned, same is quashed and set aside. However, the concerned Police Station can proceed to investigate the offence under Section 354 of the Indian Penal Code. Therefore, the application is partly allowed. The F.I.R. in relation to provisions of Section 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is concerned, is quashed and set aside. Rule is made absolute to the above extent. Application is disposed of. The interim order dated 8-8-2008 to continue till the filing of chargesheet, if any. JUDGE adgokar