IN THE HIGH COURT OF ALLAHABAD
SHAMIM AHMED, J.
Subhadra - Appellant
Versus
State of U.P. and Ors. - Respondents
Criminal Appeal No. 1929 of 2021
Decided On : 16-11-2023
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act - Criminal Appeal - Section 14-A (1) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 156 (3), Cr.P.C.
Fact of the Case:
The appellant filed an application under Section 156(3), Cr.P.C. for lodging an F.I.R., which was rejected by the court. The appellant claimed that the incident had actually taken place and there was no intention of revenge, while the State argued that the appellant was attempting to falsely implicate the opposite parties.
Finding of the Court:
The court found that the appellant's actions were with mala fide and arbitrary intention, aiming to falsely implicate the opposite parties. The court emphasized the need to protect the future and interest of young students and aspirants and concluded that no interference was required in the impugned order.
Issues: The issues revolved around the appellant's application for lodging an F.I.R. under Section 156(3), Cr.P.C., and the opposing arguments regarding the intention behind the application.
Ratio Decidendi: The court's decision was influenced by the principle of protecting the future and interest of young students and aspirants, as well as the need to prevent frivolous cases and false implications. The court also considered the principle of Natural Justice and equity in reaching its decision.
Final Decision: The appeal lacked merits and was dismissed by the court.
JUDGMENT :
1. Heard Sri Ashutosh Pathak, learned counsel for the appellant, Ms. Chaaru Singh, learned A.G.A. for the State and perused the entire record.
2. This Criminal Appeal under Section 14-A (1) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred against the impugned order dated 14.10.2021 passed by learned Special Judge, S.C./S.T. (P.A.) Act, Lucknow, in Criminal Misc. Application No. 299 of 2021, under Section 156 (3), Cr.P.C., Police Station Madiyaon, District Lucknow, whereby application of the appellant has been rejected.
3. Learned counsel for the appellant submits that the appellant had moved an application under Section 156(3), Cr.P.C. for lodging of an F.I.R., which was rejected by the impugned order dated 14.10.2021, without considering the averments made in the application. He further submits that the incident had actually taken place and there was no any intention of the appellant to take revenge or to file a case in counterblast of the case, which was filed by the opposite parties against the mother and brother of the appellant, thus, the impugned order be quashed and a direction be issued to the Court below to pass an order for registration of the first information report.
4. Miss Chaaru Singh, learned A.G.A. has submitted that the impugned order is perfectly just and legal and no interference is required in the matter at this stage.
5. From the averments made in the application filed under Section 156(3), Cr.P.C., it appears that the appellant wants to implicate the entire family in a false case, which is nothing, but a counterblast of the case, which was filed against the mother Ramadei alias Ramkali and brother Pintoo Kannaujia of the appellant bearing Case Crime No. 741 of 2017 under Sections 326, 452, 147, 148, 323, 504, 506, I.P.C., in which after investigation chargesheet has also been submitted against the mother and brother of the appellant. It has also been submitted by the learned A.G.A. that the appellant herself has also filed a Complaint Case bearing No. 380 of 2018 against one Ram Charitra Mishra, one of the opp. parties herein. It has also been submitted by the learned A.G.A. Miss Chaaru Singh that from a plain reading of the case set up by the appellant it is clear that she one after another made allegations against the opposite parties regarding the incident from 2017 till 2021, whereas she is a married lady and only to give colour to the gravity of the offence she has shown her presence in her parental house and also showed that she is pregnant. She also submits that from a perusal of the averments made in para Nos. 5, 6, 7 and 11 the story totally appears to be improbable and unbelievable. She particularly emphasised that in the array of the opposite parties there are some young boys who are students and it appears that it is a ploy of the appellant to destroy the entire career of these aspirants, who are seeing their future in competitive examinations and also trying for better job, thus, the intention of the appellant is very much clear, and as she belongs to the SC/ST Category and the opposite parties belong to the higher caste, she wants to falsely implicate them to ruin their career and also to get some financial aid by the State Exchequer, thus, the Court below has rightly rejected the application filed by the appellant under Section 156 (3), Cr.P.C. and a reasoned and detailed order has been passed, thus, no interference is required by this Court in the matter and the present appeal deserves to be dismissed.
6. After considering the arguments, as advanced by the learned counsel for the parties and after perusal of the impugned order as well as the averments made in the application filed by the appellant under Section 156 (3), Cr.P.C., this Court is of the view that the entire exercise adopted by the appellant is nothing, but with mala fide and arbitrary intention, only to falsely implicate the opposite parties, in which there are some young stu
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.
Marriage does not change a person's caste regardless of religion or community.
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 main legal point established is that an application for alteration of charge can be moved at any stage before the Judgment is pronounced by the concerned Court, as per Section 216 Cr.P.C.
A charge-sheet filed at the dictate of somebody other than the police would amount to abuse of the process of law and hence the High Court ought to have exercised its inherent powers under Section 48....
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