Patna High Court
RAMESH THAKURversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The prosecution was held to be malafide and the SC/ST Act provisions were misused, leading to the quashing of the order and all related proceedings.
Summary
The appellants, five members of the Thakur family, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant and his sister on 7 February 2021. The informant claimed the accused dragged his sister and, when he intervened, the accused and unknown armed men used caste slurs and attacked them with deadly weapons. The appellants contended they were falsely implicated and that no offence under the SC/ST Act was made out. The High Court, after examining the material, concluded that the case was filed out of personal enmity, the SC/ST Act was misused, and the prosecution was malafide, relying on Supreme Court precedents. Consequently, the court quashed the order of the Additional Sessions Judge and all consequent proceedings.
Issues considered
- Whether the prosecution under the SC/ST Act is maintainable in the absence of a caste motive.
- Whether the order of the Additional Sessions Judge taking cognizance of the offences can be quashed.
- Whether the case constitutes a misuse of the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(s), 3(2)(va), 3(i)(r)
Subjects
- SC/ST Act
- misuse of law
- false implication
- caste discrimination
- malafide prosecution
- quashing of order
- criminal procedure
- scheduled castes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1365 of 2022
Arising Out of PS. Case No.-12 Year-2021 Thana- SC/ST District- Darbhanga
======================================================
1. RAMESH THAKUR S/o Late Awadh Thakur Resident of Village- Jalley,
P.S.- Jalley, District- Darbhanga.
2. Anil Thakur S/o Banaras Thakur Resident of Village- Jalley, P.S.- Jalley,
District- Darbhanga.
3. Mithilesh Thakur S/o Banaras Thakur Resident of Village- Jalley, P.S.-
Jalley, District- Darbhanga.
4. Sanjay Kumar @ Sanjay Thakur S/o Chandeshwar Thakur Resident of
Village- Jalley, P. S.- Jalley, District- Darbhanga.
5. Shambhu Thakur @ Sambhu Thakur S/o Late Balbodh Thakur Resident of
Village- Jalley, P. S.- Jalley, District- Darbhanga.
... ... Appellant/s
Versus
1. The State of Bihar
2. Dilip Mallik S/o Singheshwar Mallik Resident of Village- Jalley, P.S.- Jalley,
District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Iqbal Asif Niazi, Advocate
For the State : Ms. Usha Kumar 1, Spl. P.P.
For the Informant : Mr.Kedar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
17 02-02-2026 Heard learned counsel for the appellants, learned
Spl. P.P. for the State and learned counsel for the Opposite Party
No. 02.
2. This appeal has been preferred for quashing the
order dated 26.11.2021 passed by the learned Additional
Sessions Judge-1st -cum-Special Judge SC/ST (P.O.A) Act,
Darbhanga in SC/ST G.R. Case No. 35/2021 arising out of
Darbhanga (Sadar) SC/ST P.S. Case No. 12/2021 whereby and
Patna High Court CR. APP (SJ) No.1365 of 2022(17) dt.02-02-2026
2/3
whereunder cognizance of the offences under Sections 341, 323,
354, 504/34 of the Indian Penal Code and Sections 3(i)(r), 3(1)
(s), 3(2)(va) of SC/ST Act has been taken against the
appellants.
3. As per the prosecution case, on February 7,
2021, co-accused Suraj Thakur dragged the informant’s sister
Gudiya Kumari (19 years) toward his car. When the informant
intervened, all named accused and 4-5 unknown armed persons
arrived, abused him by caste name, and assaulted him and his
family members with deadly weapons.
4. It has been submitted by the learned counsel for
the appellants that the appellants have falsely been implicated in
this case and no offence is made out against the appellants under
the SC/ST Act.
5. Learned Spl. P.P. for the State has opposed the
prayer of the appellants and has supported the impugned order.
6. I have gone through the order taking cognizance
and from the same it appears that the present case has been filed
because of personal enmity and the provisions of the SC/ST Act
have been misused. So from the allegations levelled against the
accused persons, it appears that no offence has been committed
with the informant who belongs to Scheduled Caste with an
Patna High Court CR. APP (SJ) No.1365 of 2022(17) dt.02-02-2026
3/3
intention that it was being done on the ground of caste.
7. In view of the above, the prosecution of the
appellants is malafide and the same cannot be allowed in view
of the law laid down by the Hon’ble Supreme Court in the cases
of Dashrath Sahu vs. State of Chhattisgarh reported in 2024
SCC OnLine SC 72 and State of Haryana & Ors. vs. Bhajan
Lal & Ors. reported in 1992 Supp(1) SCC 335.
8. Accordingly, this application is allowed and the
order dated 26.11.2021 passed by the learned Additional
Sessions Judge-1st -cum-Special Judge SC/ST (P.O.A) Act,
Darbhanga in SC/ST G.R. Case No. 35/2021 arising out of
Darbhanga (Sadar) SC/ST P.S. Case No. 12/2021 and all
consequential proceedings arising out of the same are hereby
quashed.
(Sandeep Kumar, J)
tusharika/-
U T
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