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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJEEV BHARTI
Faujdar Yadav – Appellant
Versus
State of U.P. – Respondent
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. Brief facts of the case are that on 17.03.2016 an N.C.R. No.63 of 2016 was lodged at Police Station- Saidpur, District- Ghazipur under Sections 323, 504 I.P.C. against the applicants by the opposite party no.2 stating therein that on 17.03.2016, the applicants were constructing drain in the field of opposite party no.2 forcefully and when the same being opposed by opposite party no.2, the applicants abused him by using
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.
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....
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
Section 3(1)(r) of the SC and ST Act makes it manifest that mere insult or intimidation with an intention to humiliate a member of Scheduled Caste or Scheduled Tribe by itself is not made an offence.....
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