1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 671 OF 2008 The State of Maharashtra .. Applicant V/s. Milan Vasant Mhatre .. Respondent ........ Mr. P.S. Hingorani, A.P.P. for the Appellant. Mr. Sandeep K. Shinde for the Respondent. ........ CORAM : B.R.GAVAI, J. DATE : MARCH 31, 2010. P.C. Rule made returnable forthwith. 2. The State has taken exception to the order passed by the learned Additional Sessions Judge, Thane dated 15th March, 2008, thereby allowing the Revision filed by the Respondent against the order of issuing summons. 3. One Mrs. Nirmala Bapurao Sabde had filed the complaint against the Respondent for the offence punishable under section 3 (1)(X) of the Prevention Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 2 (hereinafter referred as the said Act). After completion of investigation, charge sheet came to be filed and the learned J.M.F.C. Thane, had issued summons. Being aggrieved by the said, Revision was filed. The said Revision has been allowed by the learned Sessions Judge, Thane, on the ground that the castes of either of the accused is not mentioned in the F.I.R. The learned Sessions Judge, Thane has relied on the Judgment of this Court in support of the said finding in the case of Ravindra Ganesh Umale & Ors. V/s. State of Maharashtra, reported in 2007 ALL Mr.(Cri.) Page 2374. The view taken by this Court that unless a caste of the complainant and the accused is mentioned in the F.I.R., an offence punishable under the said Act, cannot be registered, has been reversed by the Apex Court in the Judgment of Ashabai Machindra Adhagale V/s. State of Maharashtra reported 2009, 3 SCC 789. The Apex Court has observed thus : “ 12. After ascertaining the facts during the course of investigation it is open to the investigating officer to record that the accused either belongs to or does not belong to Scheduled Caste or Scheduled Tribe. After final opinion is formed, it is open to the court to either accept the same or take cognizance. Even if the charge-sheet is filed at the time of consideration of the charge, it is open to the accused to bring to the notice of the court that 3 the materials do not show that the accused does not belong to Scheduled Caste or Scheduled Tribe. Even if charge is framed at the time of trial materials can be placed to show that the accused either belongs or does not belong to Scheduled Caste or Scheduled Tribe.” 5. In that view of the matter, the view taken in the Judgment and order passed by the learned Sessions Judge is not sustainable in law. 6. Rule is made absolute in terms of prayer clause (b). [ B.R.GAVAI, J ]