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Allahabad High Court

RITESH KUMAR SRIVASTAVversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The summoning order and the ensuing criminal proceedings are unsustainable and are set aside as the dispute is civil in nature and amounts to malicious prosecution.

Summary

The appellant Ritesh Kumar Srivastav challenged a summoning order dated 5 June 2025 issued by the Special Judge (SC/ST Act) in Varanasi, which had proceeded against him under Sections 504 and 506 IPC and Sections 3(1)(da) and 3(1)(dha) of the SC/ST Act. The complaint alleged caste‑based abuse linked to a disputed land‑transaction, but the appellant contended that the matter was essentially civil, that he was a minor at the time of the alleged transactions, and that he was on official duty during the alleged incident. The trial court had recorded statements under Sections 200 and 202 Cr.P.C. and summoned the appellant without addressing these defenses. The High Court observed that no injury was proved, the dispute centred on possession of land—a civil issue—and the appellant’s alibi was corroborated by RTI evidence, rendering the criminal proceedings a case of malicious prosecution. Consequently, the Court set aside the summoning order and the entire proceedings, allowing the appeal.

Issues considered

  • Whether the summoning order under Sections 504, 506 IPC and the SC/ST Act is maintainable given the civil nature of the land‑possession dispute.
  • Whether the alleged conduct constitutes an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether the proceedings amount to malicious prosecution.

Legislation cited

Subjects

  • SC/ST Act
  • malicious prosecution
  • civil dispute
  • land possession
  • summoning order
  • IPC 504
  • IPC 506
  • Criminal Procedure Code

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   CRIMINAL APPEAL No. - 2123 of 2026

Ritesh Kumar Srivastav
                                                             .....Appellant(s)
                                   Versus

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

Counsel for Appellant(s)                :   Girish Kumar Gupta
Counsel for Respondent(s)               :   Arvind Kumar Rai, G.A.

Court No. - 51
                  HON'BLE MADAN PAL SINGH, J.

   1. Heard Sri Girish Kumar Gupta, learned counsel for the appellant, Sri
     Arvind Kumar Rai, learned counsel for opposite party no. 2, learned
     AGA for the State, and perused the record.

   2. The present appeal under Section 14A(1) of the Scheduled Castes and
     Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been
     preferred against the summoning order dated 05.06.2025 passed by the
     learned Special Judge (SC/ST Act), Varanasi, as well as the entire
     proceedings arising out of Complaint Case No. 366 of 2023, under
     Sections 504, 506 IPC and Sections 3(1)(da), 3(1)(dha) of the SC/ST
     Act, Police Station Chitaipur, District Varanasi.

   3. The present case arises out of a complaint filed by opposite party no. 2
     on 16.08.2023 before the learned Special Judge (SC/ST Act),
     Varanasi, alleging that an incident involving abuse by use of caste-
     indicative words occurred on 25.07.2023 at about 6:00 PM, and it is
     pertinent to note that the complaint was instituted after a delay of 22
     days without any plausible explanation, and the complaint also narrates
     an alleged property transaction, wherein the complainant claims to
     have purchased 1000 sq. ft. of land on 14.11.2016 and further entered
     into an agreement for a larger parcel of land measuring 2606 sq. ft.
     with one Rajesh Kumar Vishwakarma, making various payments
     between the years 2011 and 2017, and it is alleged that despite such
     payments, the sale deed of the remaining land was not executed, and
     earlier, the complainant had also filed an application under Section
     156(3) Cr.P.C., which was treated as a complaint case and dismissed
     on 17.06.2023 due to non-prosecution, and thereafter, the present
     complaint came to be filed, and after recording statements under
     Sections 200 and 202 Cr.P.C., the learned Special Judge (SC/ST Act),
     Varanasi, vide order dated 05.06.2025, summoned the appellant under
     Sections 504, 506 IPC and Sections 3(1)(da) and 3(1)(dha) of the
     SC/ST Act.

   4. Learned counsel for the appellant contends that the impugned
                                                       CRLA No. 2123 of 2026
                             2


  summoning order is wholly illegal, arbitrary, and has been passed
  without proper application of judicial mind, and it is submitted that the
  entire dispute, as disclosed from the complaint itself, is predominantly
  civil in nature arising out of an alleged property transaction, and the
  criminal proceedings have been maliciously initiated as a counterblast
  to the civil suit instituted by the appellant on 09.08.2022, which is still
  pending.

5. It is further contended that the appellant has no concern whatsoever
  with the alleged property dealings, nor has he received any
  consideration, and even as per the complaint, most of the alleged
  transactions took place when the appellant was a minor and after the
  death of his mother, thereby rendering the allegations inherently
  improbable, and it is also argued that the statements recorded under
  Sections 200 and 202 Cr.P.C. suffer from material contradictions and
  inconsistencies, and no medical evidence has been brought on record
  to substantiate the alleged incident.

6. Learned counsel further submits that at the relevant time of the alleged
  incident, the appellant was discharging official duties at the DRM
  Office, Varanasi, from 09:30 AM to 06:00 PM, which is duly
  supported by RTI information, thus falsifying the allegations, and it is
  also urged that the learned court below failed to consider such
  unimpeachable defence material and passed the summoning order
  mechanically without recording satisfaction regarding sufficient
  grounds to proceed, and lastly, it is submitted that the appellant has no
  criminal history and has been falsely implicated due to ulterior motives
  and personal vendetta.

7. Per contra, learned counsel for opposite party no. 2 submits that the
  complainant purchased 1000 square feet of land on 14.11.2016 situated
  at Vishwakarma Nagar Colony, Chitaipur, from Lalita Srivastava,
  wherein Rajesh Vishwakarma acted as a property dealer, and that an
  amount of Rs. 1,92,600/- was paid to Rajesh Vishwakarma towards the
  sale consideration and possession of the land; however, a proper
  receipt was issued only for Rs. 1,75,000/-, and no receipt was provided
  for the remaining amount of Rs. 17,600/-, and although possession of
  1000 square feet of land was delivered, possession of the remaining
  1600 square feet has not been given despite payment of consideration.

8. It is further submitted that the last payment of Rs. 25,000/- was made
  on 11.10.2017, but thereafter the said persons have not been ready to
  execute the sale deed and have been avoiding the same on one pretext
  or another, and that on 11.05.2022, Ritesh, Rajesh Vishwakarma and
  others came to the complainant’s house, abused him, and extended
  threats, and also served a notice under Section 80 Cr.P.C. asking him
  to vacate the land on the basis of the receipt, along with threats to his
  life, and the complainant has further stated that he is still ready and
  willing to get the sale deed executed, but the said persons are now
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                                             demanding execution at the prevailing higher market rate, and that
                                             there exists no agreement regarding possession of the land, though he
                                             claims to have made payments from time to time, and that the accused
                                             persons have threatened to demolish the structure standing on the land
                                             in his possession, in the presence of his family members.

                                           9. Having heard learned counsel for the parties, it appears from the
                                             complaint that there is a dispute between the parties regarding
                                             possession of the land, and so far as the amount alleged to have been
                                             paid by opposite party no. 2 is concerned, the same has neither been
                                             paid to Lalita Srivastava nor to Ritesh Kumar Srivastava, and the
                                             appellant has categorically stated that he does not know Rajesh
                                             Vishwakarma, to whom the said amount is alleged to have been paid
                                             by opposite party no. 2, and moreover, on the date of the alleged
                                             incident, the appellant was discharging official duties at the DRM
                                             Office, Varanasi, from 09:30 AM to 06:00 PM, which is duly
                                             supported by RTI information, and it is also noteworthy that no
                                             eviction suit has been filed by opposite party no. 2, and if he claims to
                                             be in possession on the basis of an oral agreement and alleges
                                             interference by the appellant, he ought to have filed a suit for
                                             injunction.

                                          10. Admittedly, no injury has been sustained by opposite party no. 2, and
                                             from the facts and circumstances of the case, it transpires that the
                                             dispute between the parties relates to possession of land, which is
                                             purely civil in nature, and further, at the time of the alleged incident,
                                             the appellant was discharging official duties at the DRM Office,
                                             Varanasi, from 09:30 AM to 06:00 PM, as supported by RTI
                                             information, and the present proceedings appear to be a case of
                                             malicious prosecution on the part of opposite party no. 2.

                                          11. Accordingly, this Court is of the view that the order passed by the
                                             learned trial court summoning the appellant under Sections 504 and
                                             506 IPC is not sustainable in the eyes of law and is liable to be set
                                             aside.

                                          12. Accordingly, the appeal is allowed, and the summoning order dated
                                             05.06.2025 passed by the learned Special Judge (SC/ST Act),
                                             Varanasi, as well as the entire proceedings arising out of Complaint
                                             Case No. 366 of 2023, under Sections 504, 506 IPC and Sections
                                             3(1)(da), 3(1)(dha) of the SC/ST Act, are hereby set aside.




                                                                                              (Madan Pal Singh,J.)
                                    May 5, 2026
                                    pks




Digitally signed by :-
PANKAJ KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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