Showing posts with label caste certificate. Show all posts
Showing posts with label caste certificate. Show all posts

Wednesday, 18 August 2021

Whether the court can quash prosecution if the complainant fails to mention his caste or caste of accused in FIR or in Complaint in the case of SC & ST Atrocities Act?

  Three contentions are raised by the learned counsel for the petitioners in support of the petition. The first contention advanced by him is that, as the complaint does not mention either the caste of the accused persons, or that of the complainant, process could not have been issued. He sought to place reliance on some authoritative pronouncements wherein such a view was taken. However, the learned counsel for the complainant has drawn my attention to the Full Bench decision rendered by this Court in Pushpa Vijay Bonde Vs. State of Maharashtra reported in 2009 (2) Bom.C.R.(Cri). 32. He has also drawn my attention to a decision delivered by the Supreme Court of India in Ashabai Machindra Adhagale Vs. State of Maharashtra reported in 2009 (1) Bom.C.R.(Cri) 779 (S.C.). A reading of these two pronouncements leaves no manner doubt that, it would not be essential for a complainant to mention, either his own caste or that of the accused, in the complaint or in the First Information Report and that; on the ground that caste is not so mentioned, the  proceedings cannot be quashed. {Para 3}

Bombay High Court
Dagadu Gorakh Patil vs Shivaji Jethya Walvi on 20 December, 2013
Bench: A.M. Thipsay
    
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