New Delhi, Feb 15 (PTI) It is not necessary to mention the caste of the accused in the FIR in cases relating to atrocities under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Supreme Court has held.
A three-judge bench of Justices Arijit Pasayat, Mukundakam Sharma and H L Dattu ruled that police can commence investigation on the basis of a complaint from the victim even if he or she had failed to mention the caste of the accused person.
"Whether the accused belongs to Scheduled Caste or Scheduled Tribe can be gone into when the matter is being investigated," the apex court observed, setting aside a Bombay High Court decision to quash the proceedings against an accused on the grounds that the victim Ashabai Machindra Adhagale failed to mention his caste.
The high court citing earlier judicial rulings had quashed the proceedings by invoking Section 482 CrPC under which it can quash a criminal case against any person. It quashed the criminal case after upholding the plea of the accused that the FIR did not disclose his caste, as mandated by the Act.
Aggrieved by the high court's move Adhagale appealed in the apex court. PTI
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