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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Jitendra Sahani – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application for quashing proceedings. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on permission and charges. (Para 6 , 7) |
| 3. court's dismissal of application. (Para 8 , 9) |
| 4. examination of scheduled caste provisions. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. conversion implications on caste status. (Para 16 , 17 , 18 , 19) |
| 6. directive for investigation and compliance. (Para 21 , 22 , 23 , 24 , 25) |
JUDGMENT
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Learned counsel for the applicant submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.
2. The relief which has been mentioned in the application is delineated below:-
"It is, therefore most respectfully prayed that this Hon'ble court may kindly be pleased to allow this application and quash the entire proceeding including the impugned Charge Sheet dated 11.03.2024 as well as Cognizance/ Summoning Order dated 24.07.2024 passed by Learned Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Maharajganj in Case No. 13312 of 2024 (State Versus Jitendra Sahani) arising out of Case Crime No. 320 of 2023, Under Sections 153-A , 295-A
Conversion from Hinduism to Christianity disqualifies individuals from Scheduled Caste status, impacting eligibility for caste-based benefits.
Religious conversion does not permit an individual to claim caste benefits under law, and statements under Section 161 Cr.P.C. are not considered formal evidence in court.
Conversion to Christianity results in the loss of caste status; reconversion requires proof of acceptance by the original community.
(1) Scheduled Caste – No person who professes a religion other than Hindu, Sikh or Buddhist shall be deemed to be a member of a Scheduled Caste – This bar under Clause 3 of Constitution (Scheduled Ca....
A converted Christian cannot invoke the SC ST (Prevention of Atrocities) Act as they cease to be a member of the Scheduled Caste community upon conversion.
Conversion to Christianity results in loss of Scheduled Caste status; personal identity shifts following marriage under the Indian Christian Marriage Act.
Only a person belonging to Scheduled Caste and Scheduled Tribe can invoke provisions of SC, ST (Prevention of Atrocities) Act – Caste system is alien to Christianity – Having converted to Christianit....
Caste claim to Scheduled Caste ‘Mang’ cannot be invalidated by mere ‘Christian’ document entry or witness statements without proof of baptism or actual conversion; pre-constitutional records prevail,....
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