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SHAMIM AHMED
Kaushar Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHAMIM AHMED, J.
1. Heard Mr. Gibran Akhtar Khan, learned Counsel for the applicants, Ms. Ankita Tripathi, learned A.G.A. for the State-opposite party No. 1 and perused the material placed on record.
2. The present application under Section 482 Cr.P.C. has been filed on behalf of the applicants seeking quashing of the entire proceeding of Complaint Case No. 281/2022; Smt. Pooja vs. Kaushar and Others, under Sections 323 and 504 I.P.C. and Section 3(1) (S) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Police Station-Bilgram, District-Hardoi as well as summoning order dated 09.04.2024 passed in the aforesaid case.
3. Learned Counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case due to village rivalry. He further submits that the brief facts of case are that on 05.11.2021 when applicant no. 2(Azam) reached home on his Motorcycle at about 1.00 p.m. he found that the Complainant’s Husband Bholanath and Complainant’s Brother Sunil were sitting at his doorstep and drinking alcohol, on which the applicant no. 2 (Azam) requested them not to drink alcohol at his doorstep, however t
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.
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 ....
An offence under the SC/ST Act requires evidence of caste-based abuse occurring in public view, which was not established in this case.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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.
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
(1) Insult within public view – If alleged offence takes place within four corners of wall where members of public are not present, then it cannot be said that it has taken place at a place within pu....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
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.
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