JUDGMENT : 1. Rule. Rule made returnable forthwith and heard finally by consent. 2. The petition is filed for quashing of the F.I.R. to the extent it relates to registration of offence punishable under Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Though served, respondent No.4 is absent. 4. Heard learned Advocate for the applicant and learned A.P.P. 5. At the outset, let it be noted that initially, offence under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was not registered after the F.I.R. was lodged by the respondent No.4. That was added on 18.1.2008. The recitals of F.I.R. do not show caste of the accused persons, who are the present applicants. The record shows that applicant No.1 Smt.Nathabai is member of Scheduled Caste being "Chambhar" (Cobbler). She has filed copy of the caste validation certificate (Exh.B). 6. The recitals of the F.I.R. purport to show that on 8.12.2007, the complainant was standing beneath a tamarind tree. At the relevant time, the applicants reached there in a jeep vehicle and abused him on the ground of his being member of a Scheduled Tribe (Bhil). The F.I.R. does not show that all the applicants are members of some higher caste. In this view of the matter, the part of the F.I.R. to the extent of offence punishable under Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is unsustainable. This Court, in "Manohar s/o Martandrao Kulkarni and another vs.State of Maharashtra and others" 2005 (4) Mh.L.J.588, held that where the caste of the complainant and/or accused is not contained in the body of the F.I.R., there can be no registration of a crime under the Atrocities Act and all investigation and further Court proceedings on the basis of such F.I.R. cannot be maintained in law. 7. In the result, the application is allowed. The F.I.R. is quashed to the extent it relates to offence punishable under Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is, however, made clear that for remaining offences, if are made out as a result of investigation, the necessary action may be taken. 8. Rule made absolute accordingly.