1 Cri.Appln.No.5098/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5098/2010 1. Amit s/o Kalyanrao Pawar Age: 23 Yrs., occu. Education R/o Osmanabad. 2. Satish s/o Laxman Suryawanshi, Age: 31 Yrs., occu. Agril. R/o Sanja, Tq. and Dist. Osmanabad. 3. Anil s/o Dattatraya Suryawanshi, Age: 40 yrs., occu. Agril. R/o Sanja, Tq. and Dist. Osmanabad. 4. Pramod s/o Jeevan Suryawanshi, Age: 20 Yrs., occu. Agril. R/o Sanja, Tq. and Dist. Osmanabad. 5. Maloji s/o Shivaji Suryawanshi, Age: 28 Yrs., occu. Agril. R/o Sanja, Tq. and Dist. Osmanabad. 6. Nana s/o Lalu Naikal, Age: 20 Yrs., occu. Business. r/o Sanja, Tq. and Dist. Osmanabad. - APPLICANTS VERSUS 1. The State of Maharashtra. 2. Santosh s/o Chandrahar Gaikwad, Age: 27 Yrs., occu. Ricksha Driver, r/o Kurne Nagar, Jadhav wadi road, Osmanabad, Tq. and Dist. Osmanabad. - RESPONDENTS 2 Cri.Appln.No.5098/2010 ***** Mr.VS Tanwade, Advocate for Applicants; Mr.VH Dighe, APP for State. None for Respondent No.2 though served. ----- CORAM : K.U.CHANDIWAL, J. DATE : 1st March, 2011. PER COURT : 1) Heard learned Counsel for applicant/accused and learned APP for State. In spite of service, non for the original complainant/Respondent No.2. 2) Quashment of Crime No.253/2010 registered with City Police Station, Osmanabad, for the offences punishable under Sections 147, 148, 149, 324, 232, 504 of IPC and Section 3(ii) (iii) of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989, is sought. 3) On 30.11.2010, when the complainant (Respondent No.2) as a rickshaw driver was waiting for passengers, his services were engaged for Rs.50/- for Sanjanaka. After reaching the destination, 10-15 boys accosted the complainant, he was assaulted by fist/kick blows and chain, they abused him in filthy language. The 3 Cri.Appln.No.5098/2010 complainant, the rickshaw driver, suffered injuries to his head, back, chest and thigh. He was taken to hospital by one Prithviraj Chilwant known to the complainant. 4) Initially, the Investigator did not book the applicants for infraction of Sections 3(ii) (iii) of the SC, ST Atrocities Act, it was more so, reading the F.I.R., there is no reflection of the accused/applicants, knowing the complainant to be belonging to a particular caste/community. Respondent No.2 was enquired, whether he resides in Bhimnagar. Even in the F.I.R., nothing is attributed against the applicants to have abused the Respondent No.2 in his caste, as a derogation and to humiliate to invite infraction of prohibition indicated under Section 3 of the Atrocities Act. It was during the investigation, the Investigator applied Section 3(ii)and (iii) of the Atrocities Act. 5) Reading the F.I.R. as a whole, seldom indicates of any infraction by the applicants/accused in the name of caste of the complainant, inviting offences under Section 3(ii) and (iii) of the Atrocities Act. The proceedings to the extent of offence under Section 3(ii) and (iii) of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 4 Cri.Appln.No.5098/2010 1989, is quashed. The prosecution in terms of the penal provisions of IPC may continue. Criminal Application is partly allowed and disposed of as above. ( K.U.CHANDIWAL ) JUDGE bdv/