1 2491.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2491 OF 2010 Shri.Ramesh Shyamrao Wankhede ...Petitioner Versus State of Maharashtra ...Respondent ...... Mr.T.K.Sinha for Petitioner. Mr.J.P.Yagnik, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- SEPTEMBER 29, 2010. P.C. 1. Heard Counsel for the Petitioner and the learned A.P.P. 2. The relief claimed in this Petition is to issue direction to the Respondent to register FIR against the named persons for offences punishable under Sections 3(1)(v)(viii) and (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The response of the learned A.P.P., on instructions, is that the complaint made by the Petitioner in the concerned Police Station on 29th May 2010 was taken note of on the basis of which investigation was completed and charge-sheet has also been filed. However, that is in respect of offence simplicitor under Indian Penal Code. The question as to why FIR with regard to offence under the 2 2491.10.sxw Atrocities Act has not been registered and investigation therefor undertaken, it is submitted that the said complaint dated 28th May 2010 is made directly to the Superintendent of Police who in turn is looking into the subject matter. The fact remains that if the said complaint makes out a cognizable offence, it is not open for the Police to not register the FIR forthwith. The question of making formal inquiry before registering the FIR would arise only if the Police Officials were of the opinion that the complaint falls in some excepted category. That is not the stand taken before us. If so, the fact that the complaint was sent directly to the Superintendent of Police does not extricate the Police Officials, be it at the level of Superintendent of Police, from registering the FIR forthwith. With these observations, we direct the concerned Police Official(s) to register the FIR forthwith, in case, the complaint made by the Petitioner dated 28th May 2010 discloses cognizable offence and is not covered by the excepted category. After registering the FIR, we hope and trust that the matter will be proceeded further in accordance with law. 3. Petition disposed of on the above terms. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)