- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 962 CRIMINAL APPLICATION NO. 3468 OF 2026 DAMOR HITESH CHATURBHAI ALIAS DAMOR HITESHKUMAR CHATURBHAI VERSUS THE STATE OF MAHARASHTRA AND ANOTHER Mr.V.S.Kakde, Advocate for the Applicant. Mr.M.A.Aher, APP for the Respondent/State. Ms.Anita V. Veer, Advocate for Respondent No.2 (Appointed) ( CORAM : SUSHIL M. GHODESWAR, J. ) DATE : 13th OCTOBER, 2026 PER COURT : 1. None appears for Respondent No.2, though served. Hence, Ms.Anita Veer, the learned Advocate is hereby appointed to represent Respondent No.2. 2. The learned Advocate for the Applicant to supply the copy of the Application and all the necessary documents to the learned appointed Advocate. In the meantime, the learned APP is directed to file reply. Stand over to 20.11.2026. khs/Oct.2026/3468 2026:BHC-AUG:49431 - 2 - 3. The Applicant is challenging the FIR in Crime No.0175/2026, registered with Ashti Police Station, Dist.Jalna for the offences punishable u/s 3(1)(r) of the SC and ST Act and u/s 352 of the Bharatiya Nyaya Sanhita and further proceedings arising therefrom. The FIR came to be registered at the behest of Respondent No.2, who on the given time and date, had been to the Branch for the purpose making inquiry of loan account details of his friend’s father. At the same time, the present Applicant abuses the informant by referring to his caste. Therefore, the informant has registered the aforesaid crime. On the basis of the aforesaid crime, the investigation came into motion. However, during the investigation, it has been revealed that the Applicant is also belonging to the Scheduled Tribe category as the Investigating Officer has collected his caste certificate of Bhil Community, which is re-cognized as the Scheduled Tribe in the State of Maharashtra. 4. In that view of the matter, the provisions of the SC ST Prohibition of Atrocities Act, are not attracted against the Applicant. Hence the instant application deserves to be allowed. (1) Criminal Application stands allowed. khs/Oct.2026/3468 - 3 - (2) FIR in Crime No.0175/2026, registered with Ashti Police Station, Dist.Jalna for the offences punishable u/s 3(1)(r) of the SC and ST Act and u/s 352 of the Bharatiya Nyaya Sanhita, is hereby quashed and set aside. (3) The High Court Legal Aid Sub Committee, Aurangabad to pay the fees of the learned appointed Advocate representing Respondent No.2 Ms.Anita Veer, as per Rules. ( SUSHIL M. GHODESWAR, J.) khs/Oct.2026/3468