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february 2009

Supreme Court of India · 2009-02-12

ASHABAI MACHINDRA ADHAGALE vs STATE OF MAHARASHTRA .

Citation / case number
SC 2006/28676
Court
Supreme Court of India
Petitioner
ASHABAI MACHINDRA ADHAGALE
Respondent
STATE OF MAHARASHTRA .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA,H.L. DATTU, ,

Judgment text excerpt

The Supreme Court held that the non-mention of the caste of the accused in an FIR under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 does not warrant quashing of proceedings. The Court emphasized that the FIR need not disclose all details and that the basic ingredients of the offence must be established. The Court overturned the Bombay High Court's decision, affirming that the accused can prove their caste status during trial, thus allowing the appeal.

ASHABAI MACHINDRA ADHAGALE vs STATE OF MAHARASHTRA . · Niyam