The Court held that the police's recording of caste identities in FIRs violates constitutional principles, necessitating reforms to establish a casteless society while emphasizing the sufficiency of existing identification methods.

JUDGMENT :

VINOD DIWAKAR, J.

1. Heard Shri Prashant Sharma and Shri Surendra Pratap Singh, learned counsel for the petitioner, Shri Amrit Raj Chaurasiya, learned AGA for the State-respondents, and perused the material on record.

2. The instant application has been filed with the prayer to quash the entire criminal proceedings arising out of Case Crime No.108 of 2023, under Sections 420, 467, 468, 471 IPC read with Section 60/63 Excise Act, registered at P.S. Jaswant Nagar, District Etawah, as well as the impugned summoning/cognizance order dated 19.8.2023 along with charge-sheet dated 21.7.2023.

2.1 In the alternative, it is also prayed that the entire criminal proceedings in the aforesaid case be stayed, failing which the applicant shall suffer irreparable loss and injury.

3. The brief facts of the case are as follows:

3.1 On 29.04.2023, on the instructions of senior officers, the local police team started checking vehicles passing from the Jaunai Farm police post at District Etawah. While checking incoming and outgoing vehicles, a black Scorpio (Registration No.T-1223-JH-7384-D) was stopped, and three people were found sitting in the Scorpio. Upon inquiry, the person sitting in the driver’s seat stated his name as Yadram, son of Ratanlal, resident of U-4, New Roshanpura, Najafgarh, Police Station, Najafgarh, District South-West, Delhi, caste-Mali, aged approximately 35 years. During a personal search, a Redmi mobile phone, sky-blue in colour, was recovered from the right pocket of his trousers. The person sitting in the front passenger seat stated his name as Praveen Chhetri, son of Birendra Kumar, resident of House No.RZ 176A, New Dharmapura-1, Kakrola Road, Najafgarh, Police Station Najafgarh, District South-West, Delhi, aged about 29 years, caste- Pahadi Rajput. Upon personal search, Rs.1,150/- and one Apple mobile phone, light sky-blue in colour, were recovered from the pocket of his trousers. The person sitting in the rear seat stated his name as Deepak Kumar Singh, son of Santosh Kumar Singh, resident of Kulharia, Police Station Karakat (Godari), District Rohtas, State Bihar, aged approximately 29 years, belonging to the caste- Thakur. Upon personal search, Rs.550/- and an Oppo mobile phone, grey in colour, were recovered from the pocket of his trousers.

3.2 On searching the Scorpio, 70 bottles of “ROYAL CHALLENGE CLASSIC PREMIUM WHISKY – FOR SALE IN HARYANA ONLY” and 36 bottles of “ROYAL STAGE PREMIUM WHISKY – FOR SALE IN HARYANA ONLY – 42.8% V/V NET Qty 750 ml” were recovered from the rear boot of the car along with two number plates marked "T1222 JH 7384D". The number plate affixed to this vehicle was also found to be fake, and the actual number plate was kept in the boot.

3.3 Upon being strictly questioned, the three persons revealed that their other associates were following behind in an Accent car No.HR-34-K-2257 is carrying more liquor. Thereafter, the police team intensified their checks, and shortly thereafter, a white Accent car, having Registration No.HR-34-K-2257 was seen and stopped.

3.4 The person sitting in the driver’s seat stated his name as Lokesh alias Leela, son of D