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Patna High Court

Vikash Kumar @ Bittu SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court set aside the order taking cognizance under Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act but upheld cognizance under the IPC offences, allowing the trial to proceed.

Summary

The appellants were accused of assaulting Mahendra Chaudhary over a disputed tent rental for a marriage ceremony, with the complainant alleging theft, physical assault, and caste-based abuse. The FIR was lodged three years after the incident, and the appellants contended that the FIR was false, citing a receipt showing a higher advance payment and denying any public caste humiliation. The Special Judge took cognizance of offences under several IPC sections and under Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act without providing reasons or referring to investigative material. On appeal, the High Court held that there was no material to sustain the SC/ST offences, setting aside that part of the order, but found a prima facie case for the IPC offences and allowed the trial to proceed. Consequently, the appeal was partly allowed, quashing the cognizance under the SC/ST Act while upholding it under the IPC.

Issues considered

  • Whether the Special Judge could validly take cognizance of offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act in the absence of evidence of public caste‑based humiliation.
  • Whether the Special Judge was required to give reasons for diverging from the police final report that exonerated the appellants.
  • Whether a prima facie case exists under the IPC sections (341, 323, 325, 504, 506, 379) to permit trial of the appellants.

Legislation cited

Subjects

  • SC/ST Act
  • caste discrimination
  • assault
  • cognizance
  • false FIR
  • rent dispute
  • public view
  • prima facie case
  • IPC offences

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1665 of 2025
                     Arising Out of PS. Case No.-41 Year-2024 Thana- KHUDWA District- Aurangabad
                 ======================================================
           1.     Vikash Kumar @ Bittu Sharma S/o- Rajkumar Sharma Village PS-
                  Khudwan District- Aurangabad
           2.    Mitthu Sharma @ Rangdar Sharma S/o- Rajkumar Sharma Village PS-
                 Khudwan District- Aurangabad

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Mahendra Chaudhary S/o- Badhu Chaudhary Village PS- Khudwan District-
                 Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Santosh Kumar Pandey, Adv.
                 For the Respondent/s    :       Mr. Akshay Lal Pandit, App.
                 For the O.P. No. 2      :       Mr. Sanjay Chandra Bhaskar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

8   17-03-2026                 1. The present appeal has been preferred by the

                   appellants against the order dated 12.09.2024 passed by learned

                   Special Judge cum Additional District Judge-1st, Aurangabad in

                   G.R. Case No. 86 of 2024 arising out of Khudwan P.S. Case No.

                   41 of 2024, whereby the learned Special Judge has taken

                   cognizance against the appellants under Sections 341, 323, 325,

                   504, 506, 379 of the Indian Penal Code and Section 3(i)(r)(s) of

                   the SC/ST Prevention of Atrocities Act.

                               2. As per the prosecution case, one Mahendra

                   Chaudhary lodged an FIR before the Khudawan Police Station

                   alleging therein that on 22.04.2021, he had installed a tent in the
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          marriage ceremony of son of co-accused Raj Kumar Sharma.

          Rs. 15,000/- was fixed as rental out of which Rs. 5,000/- was

          given in cash as advance and Rs. 10,000/- was to be paid

          subsequently. The informant tried to realize the dues amount but

          for the last three years, only assurance was being given by the

          accused persons under false pretext. On 09.05.2024, when the

          informant went to demand his dues amount, at about eight

          o'clock, then co-accused Raj Kumar Sharma and appellants

          assaulted him with lathi, rods, etc. The informant was attacked

          due to which he fell down. It has subsequently been alleged that

          Rs. 3,000/- was snatched from the pocket of the informant and

          he was also abused by his caste name and was also threatened of

          his life.

                       3. Learned counsel for the appellants submits that due

          to dispute regarding payment of rent to the informant who had

          installed tent during marriage ceremony of the appellants, the

          present FIR has been lodged. Admittedly, tent was installed on

          22.04.2021 and the FIR was lodged after three years saying that

          when the informant went to collect his due amount, he was

          assaulted and was abused by his caste name.

                       4. Referring to Annexure-2 to the memo of appeal

          learned counsel submits that falsity of the FIR would be evident
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          that in the FIR, the informant is saying that only Rs. 5,000/- was

          given by the co-accused Raj Kumar Sharma at the time of

          entering into an agreement for supply of tent, but from perusal

          of Annexure-2, which is the cash memo/receipt given by the son

          of the informant, it has specifically been mentioned that a sum

          of Rs. 13,000/- was paid as advance out of the total agreed

          amount of Rs 15,000/-.

                       5. The FIR was lodged with a malice intention to

          settle the score with the appellants due to money dispute. No

          specific allegation is there in the FIR that the informant was

          abused by the appellants by his caste name in full public view

          with an intent to humiliate the informant. No cogent material

          has come during course of investigation to connect the

          appellants with the present offence, particularly offence under

          Section 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act.

                       6. Attacking the order taking cognizance dated

          12.09.2024,        learned     counsel       submits   that   police   after

          investigation submitted final form exonerating the appellants

          and not sending them for trial. The learned Special Court

          differed with the final form and took cognizance against the

          appellants under Sections 341, 323, 325, 504, 506, 379 of the

          Indian Penal Code and Section 3(i)(r)(s) of the SC/ST
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          Prevention of Atrocities Act, in mechanical manner and without

          giving any brief reasons. From bare perusal of the impugned

          order, it would appear that the learned Special Court has not

          mentioned, even in brief, the materials collected during the

          investigation, warranting order of cognizance of the offences

          under I.P.C. and SC/ST (Prevention of Atrocities) Act. No

          offence under SC/ST (Prevention of Atrocities) Act is made out

          against the appellants, particularly offence under section 3(i)(r)s

          under which the cognizance has been taken by the learned court,

          in mechanical manner. No allegation is there that the occurrence

          has taken place in full public view with the intention to

          denigrate the status of the informant. On the contrary, dispute

          arose between the parties on the point of payment of rent

          towards the hiring of the tent by the side of the appellants.

                       7. A counter case has also been lodged by the mother

          of the appellants on the same day bearing Khudwan P.S. Case

          No. 42 of 2024 for an occurrence which has taken place on the

          same date and time.

                       8. On the other hand, learned counsel for the State, as

          well as respondent no. 2, argued that the Special Judge has

          power to differ with the police report and has rightly taken

          cognizance under the offences, including the offences under
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          SC/ST (Prevention of Atrocities) Act, against the appellants.

          Referring to the case diary, learned counsel submits that the

          informant has suffered injury for which doctor has examined the

          informant and X-ray was also held of his body. The informant as

          well as one independent witness Amarjit have supported the

          prosecution story that appellants along with accused persons

          assaulted the informant by lathi, danda, by abusing his caste

          name.

                       9. In reply, learned counsel for the appellants submits

          that three other witnesses have not supported the prosecution

          story and has said that whatever injury has been caused by the

          informant was due to free fall on “Nadh”.

                       10. I have heard learned counsel for the parties and

          have gone through the materials available on record, including

          the impugned order.

                       11. From perusal of the impugned order, it appears

          that the learned Special Judge, while taking cognizance, has not

          given any reasons for differing with the police report, who

          submitted final form, not sending the appellants for trial. The

          materials collected during course of investigation have also not

          been referred in the order impugned by the learned Special

          Judge. However, this Court went through the materials collected
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          during investigation and found that there is no material to show

          that abuse by the caste name was taken in public view.

                       12. Hon’ble Supreme Court, in Keshaw Mehto alias

          Keshaw Kumar Mehto v. State of Bihar and another

          reported in 2026 LiveLaw (SC) 62, in para 12 and 16, has

          dealt with Sections 3(1)(r) and 3(1)(s) and has said that Section

          3(1)(r) is attracted where the reason for the intentional insult or

          intimidation by the accused is that the person who is subjected

          to is a member of a Scheduled Caste or a Scheduled Tribe. It has

          been said that Section 3(1)(r) cannot stand merely on the fact

          that the informant/complainant is a member of a Scheduled

          Caste or a Scheduled Tribe, unless the insult or intimidation is

          with the intention to humiliate such a member of the

          community. The fact that the complainant belonged to the

          Scheduled Caste or Scheduled Tribe would not be enough. Any

          insult or intimidation towards the complainant must be on

          account of such person being a member of a Scheduled Caste or

          a Scheduled Tribe.

                       13. It has further been held by the Hon’ble Supreme

          Court that with a view to dispel any doubt and lend clarity, it is

          appropriate to mention that even mere knowledge of the fact

          that the complainant is a member of a Scheduled Caste or a
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          Scheduled Tribe is not sufficient to attract Section 3(1)(r).

                       14. It has further been held by the Hon’ble Supreme

          Court that for an offence to be made out under section 3(1)(s),

          merely abusing a member of a Scheduled Caste or a Scheduled

          Tribe would not be enough. At the same time, saying caste name

          would also not constitute an offence. To constitute an offence

          under Section 3(1)(s), it would be necessary that the accused

          abuses a member of a Scheduled Caste or a Scheduled Tribe "by

          the caste name" in any place within public view. The allegations

          must reveal that abuses were laced with caste name, or the caste

          name had been hurled as an abuse.

                       15. In the present case, the FIR starts with the fact that

          the quarrel took place between the informant and the appellants'

          side due to money dispute inasmuch as, according to the

          informant, the appellants' side owe a sum of Rs. 10,000/- to the

          informant in relation to the service of supplying tent rendered by

          the informant to the appellants' side during marriage ceremony.

          The counter case was also lodged by the side of the appellants.

          The occurrence has taken place on the door of the appellants,

          which is not a place within public view. The intent with which

          the abuses were hurled, as per the allegation, was not with an

          intention to humiliate the informant in full public view. The
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          appellant did not abuse the informant with a feeling of caste-

          based humiliation.

                       16. Taking note of the aforesaid discussion, this Court

          is of the opinion that there is no material to take cognizance

          against the appellants under Section 3(1)(r)(s) of the SC/ST

          (Prevention of Atrocities) Act. As such, the order taking

          cognizance against the appellants for offences under Section

          3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act cannot

          sustain and is hereby set aside.

                       17. Insofar as cognizance taken against the appellants

          under sections of IPC, from the records as well as the case diary,

          it appears that there is an allegation against the appellants that

          they assaulted the informant by lathi along with other accused

          persons. During course of investigation, the informant was

          examined by the doctor also. The nature of injury sustained by

          the informant is not important at this stage. The factum of the

          occurrence is further corroborated by the fact that a counter case

          was also lodged by the side of the appellants against the

          informant.

                       18. In the case of Hitesh Verma v. State of

          Uttarakhand and another, reported in (2020) 10 SCC 710 in

          paragraph 23, the Hon’ble Supreme Court referred a judgment
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                    rendered in Ishwar Pratap Singh v. State of U.P. in which the

                    Hon’ble Supreme Court has held that there is no prohibition

                    under the law for quashing the charge-sheet in part.

                                 19. During course of investigation, the victim along

                    with other witnesses have supported the prosecution story that

                    the informant was assaulted.

                                 20. In view of the above facts and the materials

                    available on record, this Court comes to the conclusion that the

                    prima facie case is made out against the appellants under the

                    provisions of the I.P.C. and the appellants can be tried by the

                    Competent Court for the offences under I.P.C. in accordance

                    with law.

                                 21. The present appeal is partly allowed to the extent

                    indicated hereinabove.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U


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