The informant’s classification under SC/ST Act was invalidated based on recent judicial decisions.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

5 09-02-2026 The present criminal writ petition has been preferred by the petitioner for quashing the F.I.R. of Patna SC/ST P.S. Case No. 48 of 2018 dated 09.10.2018 registered for the offences punishable under Sections 448 , 452, 379, 420, 120(B)/34 of the Indian Penal Code and under Sections 3(1)(r)

(F)(G)(W)/3(2)(Va) of SC/ST Atrocities Act, 2016.

2. However, during hearing, learned counsel for the petitioner is restricting his prayer only for quashing the F.I.R. to the extent of the offence under Section SC/ST Act submitting that the informant or alleged victim does not belong to SC/ST Community because they belong to Tanti/Tattwan and Tanti/Tattwan comes under Extremely Backward Classes in Bihar, though by resolution dated 01.07.2015, the Bihar Government had declared that Tanti/Tattwan is equivalent to Pan/Swansi as under Entry-20 of the list of Scheduled Castes. However, Hon’ble Supreme Court in Dr. Bhim Rao Ambedkar Vichar Manch Bihar, Patna Vs. State of Biahr with Ashish Rajak Vs. State of Bihar as reported in 2024 (e) PLJR-SC 73809, has struck down the aforesaid resolution dated 01.07.2015 of the Bihar Government holding it illegal. As such, the informant/victim never belonged to Scheduled Castes Community. Hence, there is no question of application of any provisions of Scheduled Castes and Scheduled Tribes Act against the petitioner in the present case.

3. Learned counsel for the informant and learned AC to AAG-3 graciously concede to the prayer of the petitioner saying that in view of the judgment of Dr. Bhim Rao Ambedkar Vichar Manch Bihar, Patna Case (supra), there is no question of application of SC/ST Act against the petitioner.

4. Accordingly, the present petition is allowed in part quashing the Sections 3(1)(r)(F)(G)(W)/3(2)(Va) of SC/ST Atrocities Act, 2016 applied in F.I.R. bearing Patna SC/ST P.S. Case No. 48 of 2018. However, the F.I.R. exists for the sake of other offences alleged under the Indian Penal Code . Now Court, can proceed further as per law.

(Jitendra Kumar, J.)