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PRASHANT KUMAR
Prof. Prahlad Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Prashant Kumar, J.
Heard Sri. Gaurav Kakkar, learned counsel for the applicant, Sri. Aishwarya Pratap Singh and Sri. Avaneesh Tripathi, learned counsel for O.P. No.2 and Sri. S.D. Pandey and Sri. S.K. Chandraul, learned A.G.A.s for the State-O.P. No.1.
2. This is a case where a Professor had to pay a very heavy price for asking an Assistant Professor to take classes and teach properly. He was made an accused in a frivolous and malicious criminal case and had to face trial for last eight years, and further had to face humiliation, stigma, for no fault of his own, and on the other hand, the complainant, by misusing the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as 'the S.C./S.T. Act'), had been using as a weapon and threatened the other seniors from taking any action against her.
3. The instant application under Section 482 Cr.P.C. has been preferred by the applicant praying for quashing charge sheet dated 08.10.2016 under Section 354C, 504, 506 of IPC and under Section 3(2) (va) of the S.C./S.T. Act as well as entire proceedings of Special Sessions Trial No.127 of 2016 arising out of Case Crime No.701 of
The misuse of the S.C./S.T. Act for personal grievances is impermissible, and allegations must substantiate a prima facie case to avoid abuse of legal processes.
The court ruled that allegations under the SC/ST Act and IPC were false and motivated by personal vendetta, emphasizing the need to prevent misuse of legal provisions.
The burden of proof in a criminal proceeding is different from that in a departmental proceeding. The court must treat complainants of sexual harassment and assault sensitively and ensure a fair tria....
The court established that specific allegations under the SC/ST Act must be evident in initial complaints for charges to be actionable, and mere improvements in subsequent statements cannot justify f....
The court quashed the FIR against the petitioner, finding no evidence of sexual harassment or conspiracy, emphasizing the lack of mens rea and the frivolous nature of the allegations.
The main legal point established in the judgment is the requirement for specific details and the need for the insult or intimidation to be made in a place within public view to establish a prima faci....
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
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