Case Note & Summary
The petitioner, Suresh Dahikar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, seeking quashing of the First Information Report (FIR) registered against him under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by respondents Shankar Dadmal and Parvatabai Dadmal at Police Station Chimur, District Chandrapur. The petitioner contended that the FIR was liable to be quashed because the caste of the accused was not mentioned in the FIR, and this Court had earlier quashed a similar offence on that ground. However, the legal position had changed by the time of this petition. The State of Maharashtra, represented by the Additional Public Prosecutor, submitted that a chargesheet had already been filed in the matter. The Court noted that in view of decisions of the Supreme Court, it is not necessary to have the name of the caste of the accused mentioned in the FIR. Without further commenting on that aspect, the Court found that the allegations in the FIR prima facie constituted the alleged offence. Consequently, the Court dismissed the writ petition but granted the petitioner liberty to take appropriate steps, such as filing an application for discharge, after the filing of the chargesheet.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - Petitioner sought quashing of FIR on ground that caste of accused was not mentioned in FIR - Court held that in view of Supreme Court decisions, it is not necessary to mention caste of accused in FIR - Petition dismissed with liberty to seek discharge after chargesheet (Paras 1-2).
Issue of Consideration
Whether the FIR under Section 3(1)(x) of the SC/ST Act should be quashed on the ground that the caste of the accused was not mentioned in the FIR.
Final Decision
Writ petition dismissed with liberty to take steps as available in law after filing of chargesheet.
Law Points
- Caste of accused need not be mentioned in FIR under SC/ST Act
- Chargesheet filed
- Petitioner may seek discharge
