Partly allowed

Anshu Pal v. State of Up Others

Allahabad HC13 Aug 2024CRLA/253/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal appeal in part, holding that insufficient evidence exists to charge the appellant under the SC/ST Act due to lack of caste abuse and witnesses. The court directed the trial court to proceed under IPC sections only.

What did the court decide?

The Special Judge is directed to proceed against the appellant under Sections 354, 504, and 506 IPC, excluding sections of the SC/ST Act.

Anshu Pal vs State of Up Others — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131787

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 253 of 2024

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Appellant :- Anshu Pal Respondent :- State Of Up Others Counsel for Appellant :- Kailash Singh Yadav Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Kailash Singh Yadav, learned counsel for appellant and learned AGA. Despite service of notice, no one appeared on behalf of respondent no.2 even in the revised call.

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This criminal appeal has been preferred challenging the cognizance/summoning order dated 12.12.2023 passed by learned Special Judge, SC/ST Act, Ghazipur and chargesheet dated 26.10.2023 alongwith entire proceedings of Special Session Trial No.1092 of 2023 (State Vs. Anshu Pal), arising out of Case Crime No.109 of 2023, under Section 354, 504, 506 IPC and Section 3(1)da, dha and 3(2)5ka of SC/ST Act, Police Station Birno, District Ghazipur, pending in the court of learned Special Judge, SC/ST Act, Ghazipur.

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Learned counsel for appellants submitted that as per the narration of the FIR and the statements of victim herself recorded under Section 161 and 164 Cr.P.C., the appellant had not used caste abusive words against the victim and as such, offence under the SC/ST Act is not made out against the appellant but without considering the said facts, by the impugned order, learned court concerned has taken cognizance and summon the appellant under the SC/ST Act which is highly illegal.

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Per contra, learned AGA vehemently opposed the prayer as made in the appeal and submitted that after conducting the detailed inquiry, chargesheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court taken cognizance and summon the applicant and as such, there is no illegality in the order impugned.

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After having the rival submissions extended by learned counsel for parties and perusal of the material available before this Court, it is crystal clear from the narration of the FIR and the statements

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of victim herself recorded under Section 161 and 164 Cr.P.C., the appellant had not used caste abusive words against the victim, moreso, at the time of alleged incident, no one present at the place of incident to witness the same and as such, no offence under the SC/ST Act is made out against the appellant.

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In view thereof, learned Special Judge, SC/ST Act, Ghazipur is hereby directed to proceed against the appellant in rest of the other sections i.e. Sections 354, 504, 506 IPC except Section 3(1)da, dha and 3(2)5ka of SC/ST Act.

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The instant appeal is partly allowed accordingly.

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Order Date :- 13.8.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Anshu Pal v. State of Up Others

Case brief

What is this about?

What did the court decide?

Anshu Pal v. State of Up Others

Case brief

What is this about?

What did the court decide?

What the court decided

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