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SHAMIM AHMED
Shiv Sagar Alias Shiv Sagar Giri – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shamim Ahmed, J.
Heard Mr. Pradeep Kumar Shukla, learned counsel for the appellant, Ms. Charu Singh, learned A.G.A.-I for the State and perused the entire record.
2. As per the office report dated 16.03.2022 notice has already been served upon opposite party No.2 but till no counter affidavit has been filed on behalf of the opposite party No.2 nor any counsel is present today to represent the opposite party No.2.
3. Learned Counsel for the appellant presses urgency in the matter and submits that the appellant is an old person and is aged about 72 years. Thus, this Court has no option but to proceed for final arguments in the matter.
4. This Criminal Appeal under Section 14A(1) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred to quash entire criminal proceeding of Special Trial No.944/2021 ( State v. Vinod & Another), including cognizance and summoning order dated 21.08.2021 under Section 323 , 504 and 506 I.P.C. and section 3(1)Da of SC/ST Act, passed by Additional Session Judge/Special Judge (SC/ST Act), Bahraich, arising out of F.I.R. No.166/2021 under Section 323 , 504 and 506 I.P.C. and Section 3(1)Da & Dha of SC/ST Act
Allegations under SC/ST Act must show intent to humiliate based on caste; quashing of proceedings is justified when no prima facie case exists.
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.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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.
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.
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 ....
The court ruled that allegations of caste-based abuse in public view under the SC & ST Act cannot be quashed without trial, emphasizing the need for intent to humiliate linked to caste identity.
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
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