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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Dinesh Pathak,J.
Sandhya Dwivedi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Dinesh Pathak, J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party No. 2 and learned A.G.A.
2. Learned counsel for the opposite party No. 2 has refused to file counter affidavit to the instant application under Section 482 Cr.P.C . and given his consent to decide the same on merits. Likewise learned A.G.A. has no objection to decide the instant application on merits as well.
3. In view of the peculiar facts and circumstances of the present case and order proposed to be passed hereinunder, this Court proceeds to decide the instant application finally with the consent of counsel for the parties present without calling for their respective affidavits.
4. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C . to quash the entire criminal proceeding, as well as Charge sheet dated 21.06.2023 and Cognizance/Summoning order dated 23.02.2024, in Sessions Case No. 162 of 2024 (Jaiprakash Dwivedi and Others Vs. State), arising out of Case Crime No. 40 of 2023 under Sections 143, 504, 506 of I.P.C. and Sections 3(1)(Dha) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in br
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 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 clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
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.
(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 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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