Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ALLAHABAD HIGH COURT
Vinod Diwakar, J.
Praveen Chetri – Applicant
versus
State of U.P. and Anr. – Opp. Party
Application U/S 482 No.31545 of 2024
Decided on 16.9.2025

Counsel For the Parties:
For the Applicant:Prashant Sharma, Surendra Pratap Singh, Advocates
For the Opp. Party: G.A.

IMPORTANT POINT
Caste of accused in Police documents should not be mentioned.

Headnote:
(A) Indian Penal Code, 1860 – Sections 420, 467, 468 and 471/[Sections 318(4), 338, 336(3), 340(2) – Bharatiya Nyaya Sanhita, 2023] read with Section 60/63 of Excise Act, 1910 – Criminal Procedure Code, 1973 – Section 482/[Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Cheating and forgery – Possession and transportation of liquor – Summoning/cognizance order – During course of investigation, it was revealed that applicant is gang leader involved in smuggling of liquor – Considering nature of illegal smuggling of liquor across State borders for financial gain, prima-facie case is made out against applicant – No ground for quashing impugned proceedings is made out – Determination of factual issues, appreciation of evidence, or assessment of reliability and credibility of prosecution’s version does not fall within scope of jurisdiction under Section 482 Cr.P.C. – In light of material on record, it also cannot be held that impugned criminal proceedings are manifestly tainted with mala fide, or maliciously instituted with ulterior motive to wreak vengeance on applicant, or to settle a personal or private grudge – Likewise, no illegality, perversity, or any substantial error has been pointed out in impugned summoning order to warrant interference by this Court under Section 482 Cr.P.C. – Impugned order affirmed. (Paras 55 to 58)
(B) Criminal Procedure Code, 1973 – Sections 154 and 173/[Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 173 and 193] – Constitution of India – Articles 14 and 15 – Non-Disclosure of caste of accused in Police documents – Constitution of India enshrines principle of equality and explicitly prohibits caste-based discrimination – Yet, caste-based discrimination continues to exist in society – Glorification, institutionalization, or promotion of caste-based identities and programs runs counter to spirit of national unity and progress – Such practices are, in effect, anti-national – Psyche behind caste dominance is assertion of identity amid insecurity – While anti-discrimination laws provide punishment for caste based exclusion, they cannot by themselves dismantle centuries-old social structures – Law alone cannot change hearts and minds – Absence of sustained government programmes to eliminate discrimination may not fulfil its Constitution obligation towards a casteless society – India must move beyond punishment and economic schemes to create proactive programmes of education, awareness, and social reform to achieve constitutional morality and vision of an equal and inclusive society in participative democracy – ACS (Home) in consultation with DGP, Uttar Pradesh shall frame and implement Standard Operating Procedures (SOPs) to implement guidelines laid down in Para 51 and amend Police Manuals/ regulation, to prohibit caste disclosure in investigations and public records of complainant/informant, accused and witnesses – Complainant(s)/informant(s) are exempted only in cases where there is statutory requirement for mentioning caste, like in cases registered under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and other public records. (Paras 26, 28, 41, 45, 50.2 and 52)
Result: Application under Section 482 Cr.P.C./528, BNSS dismissed.

JUDGMENT

Heard Shri Prashant Sharma and Shri Surendra Pratap Singh, learned counsel for the petitioner, Shri Amrit Raj Chaurasiya, learned AGA for the State-respondents, and perused the material on record.

2. The instant application has been filed with the prayer to quash the entire criminal proceedings arising out of Case Crime No.108 of 2023, under Sections 420, 467, 468, 471 IPC read with Section 60/63 Excise Act, registered at P.S. Jaswant Nagar, District Etawah, as well as the impugned summoning/cognizance order dated 19.8.2023 along with charge-sheet dated 21.7.2023.

2.1 In the alternative, it is also prayed that the entire criminal proceedings in the aforesaid case be stayed, failing which the applicant shall suffer irreparable loss and injury.

3. The brief facts of the case are as follows:

3.1 On 29.04.2023, on the instructions of senior officers, the local police team started checking vehicles passing from the Jaunai Farm police post at District Etawah. While checking incoming and outgoing vehicles, a black Scorpio (Registration No.T-1223-JH-7384-D) was stopped, and three people were found sitting in the Scorpio. Upon inquiry, the person sitting in the driver’s seat stated his name as Yadram, son of Ratanlal, resident of U-4, New Roshanpura, Najafgarh, Police Station, Najafgarh, District South-West, Delhi, caste-Mali, aged approximately 35 years. During a personal search, a Redmi mobile phone, sky-blue in colour, was recovered from the right pocket of his trousers. The person sitting in the front passenger seat stated his name as Praveen Chhetri, son of Birendra Kumar, resident of House No.RZ 176A, New Dharmapura-1, Kakrola Road, Najafgarh, Police Station Najafgarh, District South-West, Delhi, aged about 29 years, caste-Pahadi Rajput. Upon personal search, Rs.1,150/- and one Apple mobile phone, light sky-blue in colour, were recovered from the pocket of his trousers. The person sitting in the rear seat stated his name as Deepak Kumar Singh, son of Santosh Kumar Singh, resident of Kulharia, Police Station Karakat (Godari), District Rohtas, State Bihar, aged approximately 29 years, belonging to the caste- Thakur. Upon personal search, Rs.550/- and an Oppo mobile phone, grey in colour, were recovered from the pocket of his trousers.

3.2 On searching the Scorpio, 70 bottles of “Royal Challenge Classic Premium Whisky – For Sale In Haryana Only” and 36 bottles of “Royal Stage Premium Whisky – For Sale In Haryana Only – 42.8% V/V NET Qty 750 ml” were recovered from the rear boot of the car along with two number plates marked “T1222 JH 7384D”. The number plate affixed to this vehicle was also found to be fake, and the actual number plate was kept in the boot.

3.3 Upon being strictly questioned, the three persons revealed that their other associates were following behind in an Accent car No.HR-34- K-2257 is carrying more liquor. Thereafter, the police team intensified their checks, and shortly thereafter, a white Accent car, having Registration No.HR-34-K-2257 was seen and stopped.

3.4 The person sitting in the driver’s seat stated his name as Lokesh alias Leela, son of Dilip Kumar, resident of 75 Dharmapura, Police Station Najafgarh, District South-West, Delhi, aged about 29 years, caste- Punjabi Parashar and the women sitting in the front passenger seat stated her name as Nisha, daughter of Rajesh, wife of Sanjeet, originally resident of RZ 30 Laxmi Vihar, Dichau Kalan, District South-West, Delhi, presently residing at House No. 105, Dinpur, Najafgarh, Police Station Najafgarh, District South-West, Delhi, caste- Brahmin. On a personal search, one Oppo mobile phone, light sky-blue in colour, was recovered from the pocket of her trousers.

3.5 On searching the car, 230 bottles of “Royal Challenge Classic Premium Whisky” and 24 bottles of “Royal Stage Premium Whisky – 42.8% V/V Net Qty 750 ml – For Sale In Haryana Only” were recovered from the boot of the car; two number plates bearing “BR01DE 0941” were also recovered.

3.6 When