Dismissed

Shrimati v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Allahabad HC12 Aug 2024CRLA/2474/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a criminal appeal challenging the rejection of a Section 156(3) Cr.P.C. application under the SC/ST Act. The appeal was dismissed based on the trial court's finding that a civil dispute was pending, referencing the Supreme Court's ruling in Kunti that criminal hue should not be lent to civil suits.

What did the court decide?

Criminal appeal dismissed.

Shrimati vs State of U.P. Thru. Prin. Secy. Home Lko and… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60627

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Court No. - 11 Case :- CRIMINAL APPEAL No. - 2474 of 2024 Appellant :- Shrimati Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 6 Others Counsel for Appellant :- Brijesh Kumar Kuldeep,Haushila Prasad Counsel for Respondent :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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The instant criminal appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to in as the Act, 1989) has been filed against the order dated 13.05.2024 passed by learned Special Judge, SC/ST Act, Sultanpur in Criminal Misc No. 172 of 2024 in re: Shrimati vs Deepu and others whereby the application filed under Section 156(3) Cr.P.C. by the appellant has been rejected.

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A perusal of the order would indicate that two grounds have prevailed on learned trial court in rejecting the said application namely (a) both the parties belong to reserved category and (b) a civil suit is pending between the parties.

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This Court had required learned A.G.A. to seek instructions in the matter.

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Today Shri Abhay Singh, learned A.G.A. on the basis of instructions sent by Sub Inspector, P.S. Jamon District Amethi dated 20.08.2024 informs that both the parties belong to reserved category.

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Learned counsel for the appellant has strongly objected to the same in as much as he contends that the private respondents do not belong to reserved category rather are of general category.

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The aforesaid argument of learned counsel for the appellant

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may not detain the Court in as much as already indicated above, the learned trial court has rejected the application filed under Section 156 Cr.P.C. on two grounds of which one ground was that both the parties belong to reserved category.

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However, the second ground which has prevailed upon learned trial court while rejecting the said application is that there is civil dispute pending between the parties. Hon'ble Supreme Court in the case of Kunti & Anr vs State of U.P. & Anr., Criminal Appeal No.1380 of 2023 , decided on 03.05.2023 has specifically held that a criminal hue should not be unjustifiably lent to a civil nature of suit. As such, the initiation of criminal proceedings would be impermissible.

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Considering the aforesaid finding of the learned trial court as given in the order impugned as well as the law laid down by Hon'ble Apex Court in the case of Kunti (supra) no case for interference is made.

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Accordingly, the criminal appeal is dismissed .

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Order Date :- 3.9.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Shrimati v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Case brief

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Shrimati v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Case brief

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