GANESH PRASAD SHARMA AND 2 OTHERSversusState of U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 CRIMINAL APPEAL No. - 10490 of 2024

Ganesh Prasad Sharma And 2 Others
                                                          .....Appellant(s)
                                  Versus

State of U.P. and Another
                                                        .....Respondent(s)

Counsel for Appellant(s)       : Akhilesh Kumar Tripathi
Counsel for Respondent(s)      : G.A., Santosh Tripathi, Umesh Maurya

Court No. - 53
                    HON'BLE ABDUL SHAHID, J.

1. Heard learned counsel for the appellants, learned counsel for opposite
party no.2 and the learned AGA for the State.

2. The present criminal appeal has been preferred against the order dated
4.1.2024, passed by the Special Judge SC/ST Act/Additional District and
Sessions Judge, Ghaziabad in S.S.T. No. 17 of 2024 (State Vs. Ganesh
Prasad Sharma and others), arising out of Case Crime No. 567 of 2023,
under Section 323, 504, 506 IPC and 3(2) (va) of SC/ST Act, P.S.
Muradnagar, District Ghaziabad.

3. Brief facts of the case is that an FIR was registered on 17.10.2023 at
the police station Muradnagar, Gramin Commissisonrate Ghaziabad as
case crime No. 567 of 2023, under Section 506, 504, 354(D), 354, 323
IPC and Section 3(2)(5A) of SC/ST Act. There is no date, time and place
of incident mentioned in the column of occurrence of the offence. It is
stated by the complainant/opposite party no.2 that she is resident of
Ganga Vihar Colony, Muradnagar, Ghaziabad. There are several persons
of different castes reside in the same lane. There were some local issues,
hence a government hand-pump had been established in the said lane in
the quota of Hon'ble Rajnath Singh. After few days, Ganesh Prasad son of
Sri Hoti Lal had stopped the persons belonging to scheduled caste
community to fill the water from the said hand-pump, which was objected
by the complainant, then Ganesh Prasad has removed the said hand pump
and put a submersible in it. When we inquired about this, then his son
became seriously annoyed and attacked on me with bricks. I am a lady of
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five months pregnancy. The bricks hit on my stomach, thereafter I have to
face serious consequences due to that act. This incident I had told to my
elder sister Rekha, at that time no one was present at home. They have
also attacked my elder sister by pulling her from home and I have some
video of it. Said video of beating had been deleted by the Inspector from
my phone. He has refused to see the video of the camera which is fixed at
the outside. They have stopped us to take water and whenever we go
outside for any work, then his son follows us and threatened us to delete
the video and he also threatened for acid attack. He threatened to take
back the complaint, otherwise we would not leave you "chamaro". At the
time of bathing on the public tap, Mukul Sharma is making obscene act
after seeing to both sisters. They have also beaten to myself and my sister.
A known of Mukul Sharma, namely Jyoti Katariya had also threatened to
us for lodging a fabricated FIR against me.

4. Learned counsel for the appellants has submitted that there was neither
any intention of humiliation or any remarks had ever been made by the
appellants. No offence has been made out against the appellants. There
are contradiction in the statement of complainant under Section 161
Cr.P.C. and the statement of witnesses as well as statement of
complainant under Section 164 Cr.P.C.

5. Learned counsel for the complainant has relied on report of Executive
Engineer, U.P. Jal Nigam, Ghaziabad dated 21.6.2018 that he had
enquired regarding complaint that Sri Indra and Sri Ganesh Pandit had put
submersible in government pump. As per report, no government hand
pump has been found to be established there. There was private hand
pump found on the spot in which submersible is there. There is no report
about hand pump in the record. Sri Ganesh Pandit has informed that said
hand pump has been established himself on private basis. The persons
resides nearby had also stated that they have seen hand pump in the same
condition. There is no proceedings required tobe initiated from this office
to remove the submersible from the said hand pump. However, this is also
informed that any hand pump established in Gram Panchayat Sahbiswa
that is to be maintained by Gram Panchayat Sahbiswa and if record of
Gram Panchayat states that hand pump is mentioned as government hand
pump then removal of submersible from that hand pump may be
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conducted by Gram Panchayat Sahbiswa and Zila Panchayat Raj
Adhikari. This report did not deny that hand pump is exist there.
However, they have denied that they have no concerned with the office of
Executive Engineer, whereas it has been reported that there is no hand
pump and submersible has been put in it and it may be established by
Gram Panchayat Sahbiswa and proceedings if any that has to be initiated
by Gram Panchayat Sahbiswa and Zila Panchayat Raj Adhikari.

6. The statement of Smt. Rekha as well as statement of complainant Neetu
had been recorded. Both have reiterated the averments made in the
complaint and there are specific allegation against Ganesh Prasad Sharma
and his sons Mukul Sharma and Indra Sharma that they have stopped
them to take water and also stated that none of 'Chamar' will be permitted
to take water from it. In place of hand pump, a submersible has been put
by the appellants.

7. The statement of opposite party no.2/complainant has also supported
the contents of the complaint. In her statement under Section 164 Cr.P.C.
she has specifically stated that on 19.9.2023, when she has gone to fetch
water from the government hand pump around 7.00 p.m, then Mukul
Sharma and his family member, Mangesh Sharma, Sachin Sharma
stopped myself to fetch the water and stated that facility of water is not
available to 'chamar chudhe'. You should arrange himself for your water.

8. Prima facie, it is appeared that there had been hand pump in the lane
which is common place. In place of hand pump, a submersible has been
put and it is presumed that there was government hand pump situated and
that it is established for public lane. The report of Executive Engineer
dated 21.6.2018 had not denied that submersible has been put into the said
hand pump. Regarding maintenance and establishment, it has been stated
that it has been situated in Gram Panchayat Sahbiswa, hence proceeding
for removal has to be initiated only by Gram Panchayat Sahbiswa and
Zila Panchayat Raj Adhikari.

9. After a detail investigation, charge sheet has been filed against the
appellants, under Section 323, 504, 506 IPC and Section 3(2)(5a) of
SC/ST Act.
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                                    10. After consideration of all these facts and circumstances and the
                                    evidences collected during investigation, prima facie case is made out
                                    against the appellants, hence cognizance had been taken and summons
                                    have been issued against the appellants.

                                    11. In view thereof, there is neither any illegality nor irregularity or
                                    perversity in the impugned order dated 4.1.2024. The impugned order is
                                    hereby confirmed and the criminal appeal is hereby dismissed,
                                    accordingly.



                                                                                          (Abdul Shahid,J.)
                                    March 28, 2026
                                    sfa/




Digitally signed by :-
SYED FAHEEM AHMAD
High Court of Judicature at Allahabad