Back
SHAMIM AHMED
Naushar Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHAMIM AHMED, J.
1. Heard Mr. Gibran Akhtar Khan, learned Counsel for the applicants, Ms. Ankita Tripathi, learned A.G.A. for the State-opposite party No. 1 and perused the material placed on record.
2. The present application under Section 482 Cr.P.C. has been filed on behalf of the applicants seeking quashing of the entire proceeding of Complaint Case No. 281/2022; Smt. Pooja vs. Kaushar and Others, under Sections 323 and 504 I.P.C. and Section 3(1) (S) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Police Station-Bilgram, District-Hardoi as well as summoning order dated 09.04.2024 passed in the aforesaid case.
3. Learned Counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case due to village rivalry. He further submits that the brief facts of case are that on 05.11.2021 when applicant no. 2(Azam) reached home on his Motorcycle at about 1.00 p.m, he found that the Complainant's Husband Bholanath and Complainant's Brother Sunil were sitting at his doorstep and drinking alcohol, on which the applicant no. 2 (Azam) requested them not to drink alcohol at his doorstep, however t
The essential requirement for an offense under Section 3(1)(S) of the SC/ST Act is that the abuse must occur in a public view, which was not satisfied in this case, leading to the quashing of the pro....
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
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 ....
An offence under the SC/ST Act requires evidence of caste-based abuse occurring in public view, which was not established in this case.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
For an offence under the SC/ST Act, there must be intent to humiliate based on caste identity; mere membership in a Scheduled Caste is insufficient.
Insufficient grounds for charges under the Atrocities Act were identified, as the allegations did not satisfy requisite legal conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
