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february 2009

Supreme Court of India · 2009-02-12

Ashabai Machindra Adhagale vs State Of Maharashtra & Ors

Citation / case number
AIR 2009 SUPREME COURT 1973
Court
Supreme Court of India
Petitioner
Ashabai Machindra Adhagale
Respondent
State Of Maharashtra & Ors
Author
Arijit Pasayat
Bench
H.L. Dattu, Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the absence of the accused's caste in the FIR does not warrant quashing the proceedings under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court emphasized that the FIR need not contain exhaustive details, as it is sufficient if it discloses the commission of a cognizable offence. The Court overturned the Bombay High Court's decision, reinforcing that the accused can establish their caste status during trial, thus allowing the appeal.

Ashabai Machindra Adhagale vs State Of Maharashtra & Ors · Niyam