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SHAMIM AHMED
Ashwnee Kumar – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Of Home, Lko. – Respondent
JUDGMENT :
1. Heard Shri Tushar Bhushan, learned counsel for the appellants as well as Sri Santosh Kumar Kanaujia, learned counsel for the opposite party no. 3 and Shri Ashok Kumar Srivastava, learned AGA for the State and perused the entire record.
2. Learned A.G.A. has already filed the counter affidavit. In reply thereto learned counsel for the appellant has filed the rejoinder affidavit. Vide order dated 19.7.2023 learned counsel for the opposite party No.3 was granted three weeks time to file counter affidavit, but till today no counter affidavit has been filed.
3. Learned counsel for the opposite party No.3 submits that he will argue the matter without counter affidavit.
4. The instant appeal has been filed by the appellants, Ashwnee Kumar and Avinash Bhatt with a prayer to quash the impugned summoning order dated 11.04.2019 as well as the impugned consequential summoning order dated 08.12.2022 of Case Crime No.1613 of 2017, under Sections 323, 504, 506 I.P.C. and Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali Sadar, District Lakhimpur Kheri pending before the learned Special Judge, S.C./S.T. Act (A.D.J.-I
The offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is not established merely on the fact that the informant is a member of Scheduled Caste unless there ....
The court established that for an offence under the SC/ST Act to apply, there must be intent to humiliate a member of the community in a public context, supported by evidence.
The main legal point established in the judgment is the limited jurisdiction of the court at the stage of issuing process and the emphasis on prima facie evidence to establish liability.
The judgment established the principle that for an offence under the SC/ST Act, insults or intimidations must be targeted at the victim because of their scheduled caste or tribe status, and the conte....
Insult and abuse by caste name – Intent with which abuses were hurled must be found to be denigrating towards caste, resulting into feeling of caste-based humiliation.
The court established that mere allegations of caste-based insults are insufficient to invoke the SC/ST Act unless there is clear evidence of intent to humiliate based on caste and that the incident ....
The court emphasized the importance of not questioning the veracity of the allegations in the FIR and the need to exercise the power of quashing sparingly, based on the specific parameters and circum....
The court upheld the FIR under the SC & ST Act, affirming that allegations of caste-based violence and abuse constituted a prima facie case, rejecting the petitioners' claims of falsehood.
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