Kallu Maurya and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Kallu Maurya and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: till further orders of this Court, the impugned summoning order dated 3.11.2023 passed by Special Judge, SC/ST Act in Sessions Case No. 244 of 2023 shall remain stayed; notice issued to respondent no. 2 returnable at an early date; matter to be listed on 10.3.2025.

Issue for consideration

Whether the impugned summoning order under Sections 323, 504, 506 IPC and Sections 3(1)(da)(dha) of the SC/ST Act was passed on account of misrepresentation by the complainant regarding the appellants' caste — the complaint averring the accused appellants are Maurya (OBC category) while their caste certificates record them as Beldar, falling within the Scheduled Caste/Scheduled Tribe category — given the court's observation that Section 3 of the SC/ST Act is not applicable to members of other categories. +1 more

Court's answer

Section 3 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides for punishment of offences of atrocities against members of the Scheduled Caste and Scheduled Tribes categories, and is not applicable to members of other categories.

Ratio / Principle

Paragraph-2 of the complaint itself avers that the accused appellants belong to Maurya, which comes under the OBC category.

Key takeaways

The caste certificates of the appellants on record as Annexures 8, 9 and 10 show that the appellants belong to Beldar, which according to the Constitution falls within the category of scheduled caste and scheduled tribes.ratio¶11
Prima facie, the impugned summoning order has been passed on account of misrepresentation committed by the complainant.ratio¶11

Detailed headnote1 paragraphs

Criminal Appeal No. 291 of 2025, High Court of Judicature at Allahabad (Lucknow Bench), Karunesh Singh Pawar, J., interim order dated 24.1.2025. Appellants (Kallu Maurya and 2 others), claiming to belong to a Scheduled Caste, were summoned by order dated 3.11.2023 of the Special Judge, SC/ST Act (Sessions Case No. 244 of 2023) to face trial under Sections 323, 504, 506 IPC and Sections 3(1)(da)(dha) of the SC/ST Act, P.S. Chinhat, District Lucknow. The summons arose from a complainant's application under Section 156(3) Cr.P.C. which was treated as a complaint case. The court observed that Section 3 of the SC/ST Act applies only to atrocities against members of the Scheduled Castes/Tribes and is not applicable to members of other categories; the complaint itself averred that the accused appellants belong to Maurya (OBC category), whereas their caste certificates (Annexures 8-10) record them as Beldar, which per the Constitution falls within the SC/ST category. Finding prima facie that the impugned order resulted from misrepresentation by the complainant, the High Court stayed the summoning order till further orders, issued notice to respondent no. 2, and directed listing on 10.3.2025. Appeal remains pending.

Court No. - 16

Case :- CRIMINAL APPEAL No. - 291 of 2025

Appellant :- Kallu Maurya And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Atul Verma,Abhinesh Kumar Yadav,Akhilendra Pratap Singh,Himanshu Tiwari,Vinod Kumar Yadav Counsel for Respondent :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the appellants and learned A.G.A. for respondent State.

Issue notice to respondent no.2 returnable at an early date.

Learned counsel for the appellants submits that appellants nos. 1 to 3 are belong to scheduled caste. Vide the impugned summoning order, the appellants have been summoned to face trial under Sections 323,504,506 Indian Penal Code and Sections 3(1) (da) (dha) of SC/ST Act, Police Station Chinhat, District Lucknow. He submits that the complainant by misleading the learned court below has filed a complaint and which has occasioned passing of the impugned order.

Perused the record.

Perusal of the record shows that an application under Section 156(3) Cr.P.C. was moved by the complainant against the accused persons, which was subsequently treated as complaint case and the impugned summoning order was passed. Section 3 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides for punishment of offence of atrocities against the members of Scheduled Caste and Scheduled Tribes category, however, it is not applicable for members of other category.

Perusal of the complaint shows that in paragraph-2 of the complaint itself averred by the complainant that the accused appellants belong to Maurya, which comes under the OBC category. Whereas perusal of the caste certificate of the appellants, which is on record as Annexure 8,9 and 10, it is evident that

appellants belong to Beldar and which according to Constitution, fall within the category of scheduled caste and scheduled tribes, thus, prima facie, the impugned order has been passed on account of misrepresentation committed by the complainant.

Accordingly, till further orders of this Court the impugned order dated 3.11.2023 passed by Special Judge, SC/ST Act in Sessions Case No.244 of 2023 (Annexure-1) shall remain stayed.

List on 10.3.2025.

Order Date :- 24.1.2025

Madhu D.R/P.S

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench