{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1147 OF 1995 Sudhakar s/o Jagdeorao Kadam & others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.N.S.Choudhari, Advocate for applicant Mrs.Y.M.Kshirsagar, APP for the State Mr.B.S.Kudale, Advocate for respondent No.3. ....... [CORAM : A.V.POTDAR, J.] DATE: 4th December 2009 PER COURT: 1. By the present application, the applicants have prayed to quash the FIR at CR No.89/1995 registered with Osman nagar police station for an offence punishable u/s 3 (1) (x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2. Previously, on 01.09.2009, interim relief in terms of prayer clause “B-1” was granted. {2} 3. Heard learned counsel for the applicant followed by the submissions of the learned APP and counsel for respondent No.3. 4. It is contended by the applicants that son of respondent No.3, had assaulted the applicant No.1 on 01.08.1994. Pursuant to the said incident an offence was registered at CR No. 114/1994 on 12.05.1994 for an offence punishable under the Indian Penal Code. It also appears that the applicants had approached the Superintendent of Police alleging that they were harassed by the son of respondent No.3. According to applicants, only to give counter blast to the said compliant, respondent No.3 has lodged the present complaint. The applicants has prayed to quash the said FIR so far as it relates to an offence punishable under the SC ST Act. 5. When the matter came up for hearing, my attention is drawn by the learned counsel for respondent No.3, to the view taken by the Apex Court in the matter of “Ashabai V/s State of Maharashtra” AIR 2009 SC 1973. It is observed by the Apex Court thus- “14. It needs no reiteration that the FIR is not expected to be an encyclopedia. As rightly contended by learned counsel for the appellant whether the accused belong to scheduled caste or scheduled tribe can be gone into when the matter is being investigated. It is to be noted that under Section 23 (1) of the Act, the Scheduled {3} Castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995 (in short the Rules) have been framed. 16. 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 the materials do not show that the accused does not belong 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.” 6. In view of above observations, now the application does not survive. 7. In the result, the application stands rejected. Rule stands discharged accordingly. [A.V.POTDAR, J.] drp/criapln1147-95