1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1403 OF 2009 1) Ramnath s/o Baban Nimbalkar and 3 others. - APPLICANTS/ PETITIONERS VERSUS 1) The State of Maharashtra and another. - RESPONDENTS ***** Mr.K.F.Shingare Advocate for Appplicants/accused. Mr.K.M.Suryawanshi,APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 22nd July, 2009. PER COURT : . Heard learned Counsel for the applicant and learned APP for State. 2) In Crime No. 33/2009 dated 15th April, 2009, registered at Veergaon Police Station, Tq. Vaijapur, to the extent of provisions of Section 3(1)(x) and Section 3(1)(xi) of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989, is sought to be quashed. 2 3) With the assistance of both the Counsel, I have gone through the F.I.R. Of Dattu Navnath More, reading it from any angle, though prima facie there is infraction of penal provisions under IPC, however, the cumulative effect of the statement, does not indicate, that there was any deliberate utterance in the name of caste of said complainant by any of the accused/petitioners. Smt. Alka w/o Dattu tried to intervene the incident, however, she was allegedly assaulted by Babu and Mandabai. Consequently, it follows the assault or any incident of altercation between Mandabai and Smt. Alka, will not attract parameters indicated under Section 3(1)(xi), as there is no indication of intention to dishonour or outrage modesty of Smt. Alka at the behest of the accused/petitioners. 4) The accused/applicants hail from the same village. 5) Taking survey of all the facts, I find there is no infraction of provisions of Section 3(1)(x) and Section 3(1)(xi) of the Scheduled 3 Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the applicants/petitioners/accused. Consequently, the F.I.R to that extent in Crime No.33/2009, registered at Veergaon Police Station, is quashed and set aside. 6) The Criminal Application disposed of. ( K.U.CHANDIWAL ) JUDGE bdv/cran1403.09