SHREE PRAKASH SINGH
Indramani Yadav – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2) |
| 2. appellant's innocence and nature of allegations. (Para 3 , 4) |
| 3. legal interpretations of sc/st act regarding public view. (Para 5 , 6) |
| 4. judicial scrutiny required for sc/st act cases. (Para 7 , 9) |
| 5. opposition to appellant's claims. (Para 10 , 11) |
| 6. examination of evidence and determination of public view. (Para 12 , 13 , 14) |
| 7. court's conclusion on judicial scrutiny and order. (Para 15 , 16) |
| 8. final order and appeal outcome. (Para 17 , 18) |
JUDGMENT :
Shree Prakash Singh, J.
Heard Shri Sameer Singh, Advocate assisted by Shri Shashank Singh, learned Counsel for the appellants, Shri Anirudh Kumar Singh, learned A.G.A.-I for the State.
2. This criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed with a prayer to quash the summoning order dated 04.02.2023 under Section 147 , 323, 326-A, 504 of IPC and 3(1)X SC/ST Act, 1989 arising out of Complaint Case No.118 of 2019 (Jagannath Vs. Sitaram & Ors.) pending before the learned Special Judge, SC/ST Act, Ambedkar Nagar and the entire criminal proceedings arising out of the aforementioned complaint case.
Assault and abuse in public view – Public view is an essential ingredient to constitute offence under Section 3(1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
The court upheld that a prima facie case is sufficient for cognizance under the SC/ST Act, emphasizing that detailed evidence analysis is not required at this stage.
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.
(1) Casteist abuses and criminal intimidation – Place of occurrence must be one “within public view” which is a sine qua non for making out offence under SC/ST Act.(2) Quashing of criminal case – Con....
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
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