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VIKRAM NATH, SANDEEP MEHTA
Sohanvir @ Sohanvir Dhama – Appellant
Versus
State Of U. P. – Respondent
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JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal has been preferred assailing the judgment dated 8th July, 2025 passed by the High Court of Judicature at Allahabad, whereby Criminal Appeal No. 729 of 2025 filed by the Appellants was dismissed. The said appeal was instituted under Section 14-A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 1[In short, “SC/ST Act”], seeking to set aside the order dated 12th September, 2024 passed by the Trial Court summoning the Appellants to face trial for offences punishable under Sections 323 and 504 of the Indian Penal Code 2[In short, “IPC”] and Section 3(1)(s) of the SC/ST Act.
3. The facts necessary for adjudication of the present appeal may be summarized as follows:
3.2. It is the case of the Respondent No.2 that, on 23rd July, 2023, while she was sw
Assault and abuse in public view – Public view is an essential ingredient to constitute offence under Section 3(1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
Intentional insult and criminal intimidation – Intention to insult or intimidate with an intent to humiliate a member of Scheduled Castes and Scheduled Tribe must be in any place within public view.
The court clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
To establish an offence under the SC/ST Act, the conduct must occur in public view with independent witnesses; otherwise, proceedings may be quashed as an abuse of process.
(1) Casteist abuses and criminal intimidation – Place of occurrence must be one “within public view” which is a sine qua non for making out offence under SC/ST Act.(2) Quashing of criminal case – Con....
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