MADANLAL BHAIYALAL PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate Mr. Salunke, appearing for the applicant and learned APP Mr. Sonwane for the State. Rule, made returnable forthwith. With the consent of parties, the matter is heard finally.

(2.) The applicant, who is alleged to be accused in C. R. No. 204/2005, preferred this application under Section482 of Code of Criminal Procedure, to quash the F. I. R. to the extent of offences under Section3 (1) (x) and 3 (1) (xi) of THE Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter to be referred to as the Atrocities Act, for the sake of brevity ).

(3.) Learned Advocate Mr. Salunke submitted that the offences under Section3 of the Atrocities Act are punishable, even those are committed by the offenders who are not the members of a Scheduled Caste. Though the complainant disclosed her caste in her complaint, there are no allegations that the present applicant is not a member of a scheduled castes. So, according to Mr. Salunke, as the caste of the offenders is not disclosed in the complaint, the offence under the Atrocities Act is not disclosed. So, the F. I. R. registered for the offences under Section3 (x) and (xi) of the Atrocities Act, needs to be quashed.