[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1339 OF 2008 Sanjay Anna Desai ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.S.S.Patwardhan Advocate for Applicant Mr.Rajesh More A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : APRIL 24, 2008 DATE : APRIL 24, 2008 DATE : APRIL 24, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. The applicant is seeking anticipatory bail in CR No.67 of 2008 of Hatkangale Police Station, Dist. Kolhapur. The said case is under Sections 143, 147, 323, 504 and 506 of IPC and under the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 2. It is the prosecution case that there was a dispute between the complainant and the accused on account of loan. On account of the said dispute, [-2-] complainant and witnesses came to be assaulted and they were also abused on their caste i.e. "Chambhardyano". I have perused the FIR. The FIR does not mention the caste of the complainant or that of the accused persons. 3. In the case of Manohar Martandrao Kulkarni and Manohar Martandrao Kulkarni and Manohar Martandrao Kulkarni and others Vs. State of Maharashtra; 2005(4) Mh.L.J. others Vs. State of Maharashtra; 2005(4) Mh.L.J. others Vs. State of Maharashtra; 2005(4) Mh.L.J. 588, 588, 588, it was considered whether the police can take cognizance of the offence when the FIR does not contain the crucial averments relating to caste. The said averments are (i) complainant belongs to a member of Scheduled Caste or Tribe and (ii) the accused did not belong to any scheduled caste or tribe. In the said judgment, it has been emphasized, considering several other judgments that there can be no registration of crime under the Atrocities Act if the caste of the complainant and/or the accused is not contained in the body of the FIR. It is further observed that even the investigation and any further Court proceeding on the basis of such FIR cannot be maintained in law. These observations can be found in para 11 of the judgment which are as under:- [-3-] . "11. In my view, after the passing of the aforesaid two judgments, holding that there can be no registration of a crime under the Atrocities Act, or investigation as regards the said crime, if the caste of the complainant and/or the accused is not contained in the body of the FIR, all investigations and further Court proceedings on the basis of such investigations, cannot be maintained in law. Such First Information reports and Court proceedings on the basis of crimes registered on the basis of such First Information Reports will, therefore, have to be quashed and set aside." 4. In the matter of Anant Vasantlal Sambre Vs. Anant Vasantlal Sambre Vs. Anant Vasantlal Sambre Vs. State of Maharashtra delivered on 20.4.2001 in State of Maharashtra delivered on 20.4.2001 in State of Maharashtra delivered on 20.4.2001 in Criminal Writ Petition No.49 of 2001 Criminal Writ Petition No.49 of 2001 Criminal Writ Petition No.49 of 2001 it was held that if it is not shown that accused does not belong to Scheduled Caste or Scheduled Tribe, the offence under Section 3 of the Atrocities Act, cannot be registered. Para 6 of the judgment reads thus: [-4-] . "6. The report, which is filed by the petitioner belongs to Hindu Khatik Caste, which is a Scheduled Caste. However, in the report, it is nowhere mentioned that the person against whom the complaint is made viz. Shri.Kailash Gorantyal belongs to Scheduled Caste or Scheduled Tribe. The opening words of Section 3 of the said Act are like this: . "whoever, not being a member of Scheduled Caste or Scheduled Tribe..." 5. Since prima facie the FIR in this case does not disclose the necessary particulars for making out an offence under Section 3 of Atrocities Act, the offence could not have been registered and in that case the bar under section 18 of the said Act would not be attracted. In this prima facie view of the matter, since the other allegations relate to bailable offences, I am inclined to grant anticipatory bail to the applicant. [-5-] 6. In the event of arrest, the applicant-Sanjay Anna Desai to be released on bail in the sum of Rs.10,000/- (Rs. ten thousand only) with one or two sureties to make up the said amount. The applicant shall report to Hatkangale police station from 27.4.2008 for a period of 15 days from 11 a.m. to 1 p.m. 7. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]