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Patna High Court

SURAJ THAKURversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The prosecution was malafide and the order taking cognizance, along with all consequent proceedings, was quashed.

Summary

The appellant Suraj Thakur was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for an alleged assault on an informant’s sister and the informant on 7 February 2021. The appellant contended that he was falsely implicated and that no offence under the SC/ST Act was made out. The High Court examined the prosecution’s case and concluded that the proceedings were motivated by personal enmity and represented a misuse of the SC/ST Act. Relying on Supreme Court precedents, the Court held that the prosecution was malafide. Consequently, the order of the Additional Sessions Judge taking cognizance was set aside and all related proceedings were quashed.

Issues considered

  • Whether the prosecution under the SC/ST (Prevention of Atrocities) Act is malafide and liable to be quashed
  • Whether the alleged facts constitute an offence under the SC/ST Act
  • Whether the order of the Additional Sessions Judge taking cognizance of the offences is valid

Legislation cited

Subjects

  • SC/ST Act
  • false implication
  • malafide prosecution
  • caste discrimination
  • quashing of proceedings
  • criminal appeal
  • personal enmity

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.1408 of 2022
                         Arising Out of PS. Case No.-12 Year-2021 Thana- SC/ST District- Darbhanga
                  ======================================================
                  SURAJ THAKUR Son of Late Awadh Thakur Resident of village - Jalley,
                  P.S.- Jalley, District - Darbhanga.

                                                                                     ... ... Appellant/s
                                                         Versus
            1.    The State of Bihar
            2.    Dilip Mallik Son of Singheshwar Mallik Resident of village - Jalley, P.S.-
                  Jalley Haat, District - Darbhanga.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s      :        Mr.Iqbal Asif Niazi, Advocate
                  For the State            :        Mr.Sadanand Paswan, Spl.P.P.
                  For the Informant        :        Mr. Kedar Jha, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

19   02-02-2026                     Heard learned counsel for the appellant and learned

                    Special P.P. for the State.

                                 2. Since Mr. Kedar Jha, learned Advocate had

                    appeared for the same informant in Cr. Appeal (SJ) No.

                    1365/2022, he requested this Court to argue this case and he is

                    allowed to do the same.

                                    3. 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

                    whereunder          cognizance       of    the     offences under Sections
Patna High Court CR. APP (SJ) No.1408 of 2022(19) dt.02-02-2026
                                             2/3




          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

          appellant and five others.

                          4. 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.

                       5. It has been submitted by the learned counsel for

          the appellant that the appellant has falsely been implicated in

          this case and no offence is made out against the appellant under

          the SC/ST Act.

                       6. Learned Spl. P.P. for the State has opposed the

          prayer of the appellant and has supported the impugned order.

                       7. 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

          intention that it was being done on the ground of caste.
              Patna High Court CR. APP (SJ) No.1408 of 2022(19) dt.02-02-2026
                                                           3/3




                                     8.    In view of the above, the prosecution of the

                        appellant 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.

                                     9. 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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