The High Court partly allowed the criminal appeal. It set aside the summons and cognizance order under the SC/ST Act due to lack of caste-based allegations but confirmed the summoning forIPC offences and dismissed the appeal against that order.
Summons under SC/ST Act set aside; cognizance order under IPC Sections 323, 452, 506 confirmed.
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Neutral Citation No. - 2023:AHC:163085
Court No. - 84
Case :- CRIMINAL APPEAL No. - 3075 of 2023
Appellant :- Sapna Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Daya Shankar Counsel for Respondent :- G.A.,Ramesh Chandra Yadav
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the appellant, learned counsel for the opposite party no. 2 and perused the record.
This is an appeal against the order dated 08.02.2023 whereby the present appellant has been summoned to face trial under Sections 323, 452, 506 IPC and 3(1) da, 3(1)dha, 3(2)5ka SC/ST Act.
It is argued by the learned counsel for the appellant that this case is a counterblast of Case Crime No. 283 of 2022, which was filed by her friend and co-accused Kusumlata on 31.08.2022 regarding incident of the same date against ten named and one unnamed person wherein the present first informant was also an accused. In the present case, Shakuntala and her daughter are shown to be injured persons. The injuries of both injured persons are simple. The incident took place inside the house. In the FIR or in the statement of first informant or any of the witnesses any caste based word has not been used. Hence, offence under Sections 3(1) da, 3(1)dha and 3(2)5ka of SC/ST Act cannot be said to be made out.
Learned counsel for the opposite party no. 2 opposed the prayer and submitted that in fact, the incident took place with Shakuntala wherein Shakuntala and her daughter were injured.
From the perusal of FIR, statements of the complainant and the statements of the witnesses it is clear that the incident took place inside the house moreover there is no allegation of uttering any caste based word or hurling abuses either in the FIR or in the statements of the first informant or the witnesses. There is allegation of thrashing and giving threat of life. There is not even the allegation that when the incident took place inside the house, it was viewed by the public inside the house. However, there is no allegation in the FIR that first informant belongs to SC/ST community and the appellant belongs to general class. It is neither the allegation that this incident took
place knowingly that the informant was the person of SC/ST community nor it is alleged that the incident took place because of the first informant being of SC/ST community. In the absence of these allegations, in the opinion of the court, the offence under Sections 3(1) da, 3(1)dha and 3(2)5ka of SC/ST Act cannot be said to be made out against the appellant.
So far as the incident regarding Sections 323, 452, 506 IPC is concerned, regarding the same incident dated 18.12.2022 the present appellant Sapna Yadav had also lodged a complaint against the present first informant Smt. Shakuntala Devi, her daughter Kajal, her husband - Laljeet and other children of Laljeet along with one Ravi, wherein the incident is admitted that on 18.12.2022 at 09.30 AM some physical altercation took place between the parties. The date and time of the incident in the complaint filed by the appellant against Shakuntala and her family members is exactly the same mentioned in the present FIR by the opposite party no. 2. In the complaint also, the incident is said to have taken place inside the house. Whether the incident took place on the provocation of any of the parties and who among the parties was aggressor shall be decided after the evidence.
Thus, in the opinion of the court, offence under Sections 323, 452, 506 IPC can be said to be prima-facie, made out against the appellant.
The appeal of the appellant is allowed partly. Regarding summoning under Sections 3(1) da, 3(1)dha and 3(2)5ka of SC/ST Act the appeal is allowed and the cognizance order with regard to cognizance under Sections 3(1) da, 3(1)dha and 3(2)5ka of SC/ST Act is set aside. The cognizance order under Sections 323, 452, 506 IPC is, however, confirmed and the appeal against cognizance under these sections is dismissed .
Application u/s 482 No. 4921 of 2023 is de-linked.
Order Date :- 11.8.2023 gp
Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the offences under Sections 3(1)(d), 3(1)(dha), and 3(2)(5ka) of the SC/ST (Prevention of Atrocities) Act, 1989 are made out in the absence of caste-based allegations.
Whether the appellant deserves summons to face trial for offences under Sections 323, 452, and 506 of the IPC.
How to dispose of the criminal appeal regarding summoning and cognizance orders.
2 provisions across 2 enactments
Sapna Yadav
State of U.P.
Another
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
