IMPORTANT POINT
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 occurred in a public view.

JUDGMENT :

Hon'ble Shamim Ahmed, J.

1. Heard Sri Vijay Kumar, learned counsel for the applicant, Sri Anurag Singh Chauhan, learned counsel for the opposite party no.1 and Sri Ashok Kumar Singh, learned A.G.A.-I for the State Opposite Party No.2 as well as perused the record.

2. The instant application under Section 482 Cr.P.C. has been moved on behalf of the applicant, namely, Amit Kumar Singh with a prayer to quash the impugned order dated 29.05.2009 passed in Criminal Case No.897 of 2008 (Gola Vs. Ambar Singh and Others), under Sections 323, 505, 506, 420 I.P.C. and Section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Banthra, District Lucknow pending in the court of learned Special Judge, C.B.I., Lucknow.

3. Learned counsel for the applicant submitted that the applicant is a student of Hotel Management studying in Meridian International Hotel School, Sydney, Australia and the entire family of the applicant is law abiding and living peacefully.

4. He further submitted that some persons belonging to the pedigree of the applicant are jealous with the success of the family of the applicant as the elder brother of the applicant went to Australia on scholarship and settled in Sydney, therefore, only with intention to malign the dignity of the family of applicant, the impugned proceeding was instituted.

5. He further submitted that opposite party no.1 sent an application to the U.P. SC/ST Commission, 10th Floor, Indira Bhawan, Ashok Marg, Lucknow, wherein a direction was issued on 04.03.2008 to the Senior Superintendent of Police, Lucknow for conducting inquiry in the complaint of Sri Gola i.e. the opposite party no.1, therefore, the concerned Circle Officer conducted an inquiry, recorded the statements of villagers including complainant (Sri Gola) and found that a fake complaint has been moved by the complainant, as such, the proceeding was dropped.

6. He further submitted that the opposite party no.1 deliberately kept silent about nine months and then again filed an application under section 156(3) Cr.P.C. on the same fabricated story on behest of present village Pradhan, namely, Sri Shiv Shanker Singh against the applicant and his family members with the allegations that Shri Ambar Singh (uncle of the applicant) borrowed Rs.500/-about three years prior from the date of application (no date and time is mentioned), however, when the opposite party no.1 asked to return the aforesaid amount, only Rs.150/-were returned to him and he also refused to pay the balance amount of Rs.350/-. Further allegation is that inspite of refusal of Sri Ambar Singh, the opposite party no.1 requested repeatedly for returning the balance amount of Rs.350/-but he always gave threat to the opposite party no.1 saying that if he will demand the balance amount, then he will be killed. Further allegation is that on 04.01.2008, when the opposite party no.1 again went to the applicant and demanded the balance amount of Rs.350/-, he was threatened to death and was also insulted by the applicant, who was accompanied with many persons alongwith fire arm weapons as well as lathi and danda.

7. He further submitted that further allegation is that on the next date i.e. 05.01.2008 at about 9.00 A.M. when opposite party no.1 was at his residence, Shri Ambar Singh and the instant applicant along with 7-8 persons armed with rifles, revolver, country made pistol and Lathi -Danda again came to his house and started abusing to the opposite party no.1. Thereafter, he was called by them and as soon as he came out from his house, a fire was opened by the applicant and the opposite party no. 1 tried to rescue himself but the applicant started beating with the help of Lathi Danda. Thereafter, an alarm was made by the family members of opposite party no.1, hearing which, several persons were collected on the place of incident but the applicant and other persons ran away giving threat to the opposite party no.1. Thereafter, the