DEVENDRA RAJIV PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed initially for quashing First Information Report vide Crime No.89/2019 dtd. 14/8/2019 registered with Police Station, Daulatabad, Dist. Aurangabad and by way of amendment for quashing proceedings in Special Case No.52/2020 pending before learned Special Judge, under the S.C. and S.T. Act, Aurangabad, for the offence punishable under Ss. 298, 505, 505(2), 506, 507 of the Indian Penal Code and under Sec. 3(1)(u), (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for the sake of brevity hereinafter referred to as 'the Atrocities Act').

(2.) Heard learned Advocate Mr. S.S. Varma holding for learned Advocate Mr. S.S. Ladda for applicant, learned APP Mr. S.A. Gaikwad for respondent No.1 and learned Advocate Mr. P.B. Waghmare for respondent No.2.

(3.) Learned Advocate for applicant has taken us through First Information Report and entire charge sheet. The main contention at the initial stage before the amendment was that in First Information Report respondent No.2 has given his caste/religion as 'Navbauddha' and for that purpose he has annexed the list of Castes and Tribes in Maharashtra that is as per the constitutional amendment and submits that there is no such religion or caste which has been held to be a scheduled caste or scheduled tribe and, therefore, the offence was initially not registered under the Atrocities Act and later on during the course of investigation a supplementary statement of informant has been recorded on 18/10/2019, wherein he has stated that as he had no caste certificate at the time of lodging of First Information Report, he had mentioned as 'Navbauddha', but, now, he has certificate issued by Sub Divisional Officer, Collector Office, Aurangabad, which shows that he is a member of a Scheduled Caste and, therefore, he has produced it. Thereupon, Sec. from the Atrocities Act have been added. Thus, there is total suppression of facts when the First Information Report was lodged. There was no question of addition of Sec. under the Atrocities Act after the registration of First Information Report.