Remanded

Jang Jeet @ Jagjeet Singh and 8 Others v. State of Up and Another

Allahabad HC27 Aug 2024CRLA/1257/2024

Case brief

AI extract

What is this about?

Appeal against summoning order under SC/ST Act where incident occurred inside a room between members of the same Scheduled Caste. Court held Section 3(1)(r)(s) inapplicable per Hitesh Verma judgment but allowed trial on other sections.

What did the court decide?

Directed special judge to proceed with trial excluding sections 3(1)(r)(s) and dispose case within 12 months; no coercive action pending.

Jang Jeet @ Jagjeet Singh and 8 Others vs State of Up and… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:136759

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1257 of 2024

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Appellant :- Jang Jeet @ Jagjeet Singh And 8 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Abhishek Kulshrestha,Arvind Kumar Singh Counsel for Respondent :- G.A.,Ravikant Tiwari

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Arvind Kumar Singh, learned counsel for appellants and Sri Ravikant Tiwari, learned counsel for opposite party no. 2 and learned AGA for the State.

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The instant appeal has been preferred with a prayer to set aside the summoning order dated 21.10.2023 passed by Special Judge, SC/ST (PA) Act, Mainpuri in Complaint Case no. 93 of 2021 (Sunita Devi vs. Jang Jeet and others) under sections 452, 354, 323, 504, 506 IPC and 3(1)(r)(s) of SC/ST (PA) Act, Police Station- Ghiror, District- Mainpuri. It is further prayed to stay the further proceeding of Complaint Case no. 93 of 2021 (Sunita Devi vs. Jang Jeet and others), under sections 452, 354, 323, 504, 506 IPC and 3(1)(r)(s) of SC/ST (PA) Act, Police Station- Ghiror, District- Mainpuri pending in the court of learned Special Judge, SC/ST (PA) Act, Mainpuri during pendency of the present appeal.

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Learned counsel for appellants submitted that on dated 24.06.2021, opposite party no. 2 filed false and frivolous application under Section 156(3) of Cr.P.C against the appellants before the learned Court of Special Judge, SC/ST Act, Mainpuri with regard to alleged offence committed by appellants for outraging modesty and using caste abusive words against the opposite party no. 2. Learned trial court vide order dated 22.12.2021 treated the application under Section 156(3) of Cr.P.C as complaint and after recording the statements of witnesses and informant, summoned the appellants vide order dated 21.10.2023.

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Learned counsel for appellants challenged the impugned order on the ground that appellant nos. 1 to 6 belong to Scheduled Caste Community and applicant nos. 8 and 9 are belonging to OBC category but opposite party no. 2 has not disclosed this fact in her application. For substantiating the arguments raised by learned counsel for the appellants, he relied upon caste certificate of appellant nos. 1 to 6 appended along with affidavit filed in support of appeal available at page no. 47 to 52.

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Learned counsel for appellants submitted that without examining the factual aspect, learned Court of Special Judge, SC/ST Act, Mainpuri took cognizance over the application preferred at the behest of opposite party no. 2 under Section 190 of Cr.P.C which is prima facie illegal since the appellant nos. 1 to 6 belongs to same

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community i.e Scheduled Caste and the same is apparent from the caste certificate appended along with affidavit. The incident which has been narrated in the application also indicates that the entire incident took place inside a room which does not comes under the public view and as such the provisions of Section 3(1)(r) (s) of SC/ST Act, 1989 cannot be extended against rest of the appellants in light of the judgment rendered by Hon'ble the Apex Court in the case of Hitesh Verma Vs. State of Uttarakhand and Another [(2020) 10 SCC 710] .

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Sri Ravikant Tiwari, learned counsel for opposite party no. 2 and learned AGA for the State vehemently opposed the prayer sought through the instant appeal but could not dispute the aforesaid facts.

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In view of the aforementioned facts and circumstances and in the light of the judgment of Hitesh Verma (supra) , it is crystal clear that no offence under Section 3(1)(r) and 3(1)(s) of SC/ST Act, 1989 is made out against the appellants since appellant nos. 1 to 6 belongs to scheduled caste community and further the entire incident took place inside a room which does not comes under the public view and as such learned court of Special Judge, SC/ST Act, Mainpuri is hereby directed to proceed with the trial in rest of the other sections except sections 3(1)(r) and 3(1)(s) of SC/ST Act, 1989 and dispose the Complaint Case no. 93 of 2021 as expeditiously as possible preferably within a period of 12 months from the date of production of certified copy of this order by way of giving full opportunity to all concerned but without giving unnecessary adjournment to either of the parties. Both the parties are directed to cooperate with the learned trial court for achieving the directions as made above. However, it is made clear that till the disposal of the Complaint Case no. 93 of 2021, no coercive action will be initiated against the appellants.

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8. The instant appeal stands disposed of accordingly.

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Order Date :- 27.8.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Jang Jeet @ Jagjeet Singh and 8 Others v. State of Up and Another

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Jang Jeet @ Jagjeet Singh and 8 Others v. State of Up and Another

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