Petitioners challenged an F.I.R. registered for caste-related atrocity offences. The court noted the State showed a Presidential Order declaring the Kori community a Scheduled Caste in Maharashtra, concluding the F.I.R. was in public interest and dismissing the petition.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1891 OF 2007
Chandrajit Sankathaprasad Singh & Ors. ... Petitioners. Versus The State of Maharashtra. ... .... Respondent.
Mr. P.M.Pradha for the Petitioners. Mrs.A.S.Pai, APP for the State.
CORAM : BILAL NAZKI and S. A. BOBDE, JJ. DATED : 9TH JANUARY, 2008.
P.C.:
The petitioners have challenged the F.I.R. registered under CR No.II74/2007 by Dombivali, Ram Nagar Police Station under various offences including the offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also under the Protection of Civil Rights Act. The complainant had also filed earlier complaint as she had been abused in the name of her caste. Thereafter again a complaint is filed with same sort of allegations. It may be true or may not be true, but a specific allegation has been made by the complainant that on a particular day she was abused in the name of her caste. She belongs to “Kori”
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community which is a scheduled caste community. Learned Counsel for the petitioner also submits that the complainant belongs to Uttar Pradesh and Kori community is scheduled caste in Uttar Pradesh and not in Maharashtra.
Sd/-
(BILAL NAZKI, J.)
2 issues framed by the court
Whether the F.I.R. can be quashed as the Kori community is a scheduled caste in Maharashtra.
Whether the petitioners' defence regarding Scheduled Caste status can be taken during trial.
3 provisions across 3 enactments
Chandrajit Sankathaprasad Singh & Ors.
The State of Maharashtra
BILAL NAZKI
S. A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
