(1) CRI.APP. 716.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 716 OF 2009 1. Parvez Khaisar Sidhiqui 2. Lalita Rajendra Pawar 3. Papu Ishak Sayed .. Applicants VERSUS 1. The State of Maharashtra 2. Kavitabai Vasant Kale .. Respondents ... Mr. K.S. Bhore, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State None present for the respondent no.2 though served ... CORAM : V.R. KINGAONKAR, J. DATED : 5TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application seeking quashing of FIR no.22 of 2009 registered at Naldurg Police Station to the extent of offence under section 3(1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2. Heard learned Advocate for the applicants and learned APP. 3. None appears for the respondent no.2 though she has been duly served with the notice. (2) CRI.APP. 716.2009 4. The recitals of the FIR prima facie shows that the applicant no.2-Lalita is the daughter in law of the informant-Kantabai Kale and was taken away by the applicant no.1. It is alleged that they are residing together since about seven years and thereafter son of the informant performed second marriage. The FIR purports to show that on 10.2.2009 the informant alongwith her husband, son and other relative went to village Chiwari. The applicants approached them. It is stated that the applicant no.1 insulted the informant by referring her as "Pardhin". Thereafter, she was assaulted by the applicants. Her husband and son etc. were also assaulted. 5. It appears from the recitals of the FIR that the informant was insulted only by the applicant no.1 on the ground of her being member of Pardhi community, which is a scheduled tribe. It also appears that she was beaten up. 6. The learned Advocate for the applicants submits that the applicant no.2 Lalita is also member (3) CRI.APP. 716.2009 of same community i.e. Pardhi. However, there is no evidence adduced in support of such contention. The learned Advocate submits that there is a copy of school leaving certificate with him which he has shown across the table. It cannot be regarded as valid proof of the applicant no.2 being member of scheduled tribe. There is no caste validity certificate filed on record. Consequently, mere averments in the Applications are of no avail for the purpose of quashing of the FIR. The Application is therefore dismissed. Sd/- [V.R. KINGAONKAR, J.] arp