Patna High Court
PRABHAKAR KUAR @ PRABHAKAR KUMARversusTHE STATE OF BIHAR THROUGH SSP PATNA
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- JITENDRA KUMAR
Holding
The SC/ST (Prevention of Atrocities) Act provisions in the FIR are quashed because the informant does not belong to a Scheduled Caste or Tribe.
Summary
Petitioner Prabhakar Kuar filed a criminal writ petition seeking to quash the FIR registered on 09-10-2018 under IPC sections 448, 452, 379, 420, 120(B)/34 and sections of the SC/ST (Prevention of Atrocities) Act, 2016. The petitioner argued that the alleged victim does not belong to a Scheduled Caste/Tribe because the Tanti/Tattwan community, though earlier declared by the Bihar Government as equivalent to a Scheduled Caste, was struck down as illegal by the Supreme Court in Dr. Bhim Rao Ambedkar Vichar Manch Bihar case. The State and the private respondent accepted this argument. The High Court allowed the petition in part, quashing the SC/ST Act provisions in the FIR while leaving the FIR alive for the remaining IPC offences. The court thus held that the SC/ST Act does not apply where the informant is not a member of a Scheduled Caste or Tribe.
Issues considered
- Whether the informant belongs to a Scheduled Caste/Tribe for the purpose of invoking the SC/ST (Prevention of Atrocities) Act, 2016.
- Whether the FIR provisions under the SC/ST Act can be quashed on that ground.
- Whether the Bihar Government's resolution classifying Tanti/Tattwan as a Scheduled Caste is valid.
Legislation cited
- Indian Penal Code — s. 120(B), 34, 379, 420, 448, 452
Subjects
- criminal writ
- FIR quash
- SC/ST Act
- Scheduled Caste classification
- Bihar government resolution
- Indian Penal Code offences
- partial relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1297 of 2019
Arising Out of PS. Case No.-48 Year-2018 Thana- SC/ST District- Patna
======================================================
Prabhakar Kuar @ Prabhakar Kumar Son of Sri Jai Prakash Kuar Resident of
Flat no.250B, Sangita Palace, Kailash Enclave, Shivpuri, P.S.-Shastri Nagar,
District-Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar Through SSP Patna .
2. The Officer in charge SC ST PS Patna.
3. Manoj Kumar Sinha S/O Late Radhe Ram Sinha R/O Ashiyana Digha Road,
behind Raj Maitri Apartment, P.S.- Shastri Nagar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the State : Mr. Suman Kumar Jha, AC to AAG-3
For the Pvt. Resp. No.3 : Dr. Manoj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 09-02-2026 The present criminal writ petition has been preferred
by the petitioner for quashing the F.I.R. of Patna SC/ST P.S.
Case No. 48 of 2018 dated 09.10.2018 registered for the
offences punishable under Sections 448, 452, 379, 420,
120(B)/34 of the Indian Penal Code and under Sections 3(1)(r)
(F)(G)(W)/3(2)(Va) of SC/ST Atrocities Act, 2016.
2. However, during hearing, learned counsel for the
petitioner is restricting his prayer only for quashing the F.I.R. to
the extent of the offence under Section SC/ST Act submitting
that the informant or alleged victim does not belong to SC/ST
Community because they belong to Tanti/Tattwan and
Patna High Court CR. WJC No.1297 of 2019(5) dt.09-02-2026
2/3
Tanti/Tattwan comes under Extremely Backward Classes in
Bihar, though by resolution dated 01.07.2015, the Bihar
Government had declared that Tanti/Tattwan is equivalent to
Pan/Swansi as under Entry-20 of the list of Scheduled Castes.
However, Hon’ble Supreme Court in Dr. Bhim Rao Ambedkar
Vichar Manch Bihar, Patna Vs. State of Biahr with Ashish
Rajak Vs. State of Bihar as reported in 2024 (e) PLJR-SC
73809, has struck down the aforesaid resolution dated
01.07.2015 of the Bihar Government holding it illegal. As such,
the informant/victim never belonged to Scheduled Castes
Community. Hence, there is no question of application of any
provisions of Scheduled Castes and Scheduled Tribes Act
against the petitioner in the present case.
3. Learned counsel for the informant and learned AC
to AAG-3 graciously concede to the prayer of the petitioner
saying that in view of the judgment of Dr. Bhim Rao
Ambedkar Vichar Manch Bihar, Patna Case (supra), there is
no question of application of SC/ST Act against the petitioner.
4. Accordingly, the present petition is allowed in part
quashing the Sections 3(1)(r)(F)(G)(W)/3(2)(Va) of SC/ST
Atrocities Act, 2016 applied in F.I.R. bearing Patna SC/ST P.S.
Case No. 48 of 2018. However, the F.I.R. exists for the sake of
Patna High Court CR. WJC No.1297 of 2019(5) dt.09-02-2026
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other offences alleged under the Indian Penal Code. Now Court,
can proceed further as per law.
(Jitendra Kumar, J.)
ravishankar/-
U T
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