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SHAMIM AHMED
Ravi Prakash Alias Suraj – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shamim Ahmed, J.
This Court vide order dated 25-08-2023 granted ten days and no more as an last opportunity to opposite party no. 2 for filing counter affidavit. Today when the case is being taken up in revised list then neither counsel for the opposite party no.-2 is present nor any counter affidavit has been filed on his behalf. As such this court is proceedings finally in the interest of Justice.
2. Heard Shri Kaushal Kishore Tewari, learned counsel for the appellants and Shri Ashok Kumar Srivastava, learned AGA for the State and perused the entire record.
3. This criminal appeal has been preferred by the appellants Ravi Prakash @ Suraj and Rajesh Kumar @ Tori under Section 14-A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') for quashing the summoning order dated 05-09-2022, passed by the learned Special Judge, SC/ST Act, Sitapur in Complaint Case No. 47 of 2022 ( Radhey Shyam v. Ravi Prakash @ Suraj & others), under Sections 323 , 504, 506 I.P.C. and Section 3(1)Da and 3(1) Dha of SC/ST (PA) Act, P.S. Machrehata, District Sitapur as well as the entire proceedings of aforesaid complaint case.
4.
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.
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 judgment established the principle that for an offence under the SC/ST Act, insults or intimidations must be targeted at the victim because of their scheduled caste or tribe status, and the conte....
Rioting - Permissibility of second FIR - No person shall be prosecuted and punished for the same offence more than once
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 emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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 requirement of judicial mind in summoning orders and the need to consider a prima facie case at the stage of summoning.
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