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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJEEV BHARTI
Faujdar Yadav – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. context of the alleged offence under sc/st act (Para 3 , 4 , 10) |
| 2. challenge to the applicability of sc/st act provisions (Para 5 , 6) |
| 3. supreme court precedents on public view requirement (Para 7 , 8 , 9) |
| 4. absence of essential ingredients for sc/st claim (Para 11) |
| 5. conclusion on the continuation of criminal proceedings (Para 12) |
| 6. outcome of the application and allowed proceedings (Para 13 , 14 , 15) |
JUDGMENT :
RAJEEV BHARTI, J.
1. Rejoinder affidavit filed today is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. appearing for the State, learned counsel for opposite party no.2 and perused the material brought on record.
3. The present application has been filed for quashing the impugned charge sheet dated 07.07.2016, bearing charge sheet no.15/16 in Special Criminal Case No. 96 of 2016 ( State Vs. Faujdar and others ), arising out of Case Crime No.317 of 2016, under Sections 323, 504 I.P.C. & 3(1)Da, Dha & 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC/ST Act') Police Station - Saidpur, District - Ghazipur, pending in the Court of Special Judge SC/ST Act, Ghazipur.
4
To establish an offence under the SC/ST Act, the conduct must occur in public view with independent witnesses; otherwise, proceedings may be quashed as an abuse of process.
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.
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.
Assault and abuse in public view – Public view is an essential ingredient to constitute offence under Section 3(1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(1) Casteist abuses and criminal intimidation – Place of occurrence must be one “within public view” which is a sine qua non for making out offence under SC/ST Act.(2) Quashing of criminal case – Con....
The presence of an incident in public view suffices to establish an offence under the SC/ST Act, regardless of whether it was witnessed by the public.
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....
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