MOGALI ALIAS BANTIversusSTATE OF U.P. AND ANOTHER

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                     CRIMINAL APPEAL No. - 2991 of 2026

Mogali Alias Banti
                                                                        .....Appellant(s)
                                        Versus
State of U.P. and Another
                                                                      .....Respondent(s)

Counsel for Appellant(s)                            :    Amiruddin Siddique
Counsel for Respondent(s)                           :    G.A.

Court No. - 92
                       HON'BLE TEJ PRATAP TIWARI, J.

1. Heard Mr Amiruddin Siddique, learned counsel for the appellant, learned AGA for
the State and perused the material placed on record.

2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled
Tribes (Prevention of Atrocities) Act, 1989 has been preferred to quash the impugned
charge-sheet bearing no. 561 of 2025 submitted on 04.10.2025 along-with
cognizance/summoning order dated 16.10.2025 passed by learned Special Judge,
SC/ST (P.A) Act, Moradabad in Sessions Case No. 1885 of 2025 (State Vs. Mogali
alias Banti) arising out of Case Crime No. 0624 of 2025, under Sections 69, 351(3) of
BNS and Sections 3(1)(Dha), 3(2)(V) of SC/ST Act, 1989, Police Station Civil Lines,
District Mordabad.

3. The notice issued earlier by the order of this Court has been duly served to opposite
party no. 2, as reported by the office.

4. At the very outset, learned counsel for the appellant contended that as per the
contents of the FIR annexed at page-78 of the instant appeal, the allegations made by
the complainant were not made in any place within public view, therefore, it is not as
per Section 3(1)(Dha) of SC/ST Act. After this, learned counsel has took the attention
of this Court towards the statement of the victim made under 180 BNSS annexed at
page-82 of the instant appeal, there also allegations alleged on the accused-appellant
has not been said to be made in presence of any other person except the complainant
and the accused-appellant. The same statement has been reiterated in her statement
made under Section 183 BNSS annexed at page-93 of the instant appeal. The accused-
appellant is on bail. A copy of the same has been appended at page-95 of the instant
appeal, allowed by this Court.

5. During the course of the argument, learned counsel for the appellant relied on a
judgment passed by Hon'ble Supreme Court in Keshaw Mahto @ Keshaw Kumar
Mahto Vs. State of Bihar and another, 2026 0 Supreme (SC) 76, wherein it has
                                                                                                    CRLA No. 2991 of 2026
                                                                        2

                                    been held that :-

                                          "to constitute the offence under Section 3(1)(s) of SC/ST Act, it would be
                                          necessary that the accused-appellant abuses the member of SC/ST by
                                          caste name in any place within public view. The allegations must reveal
                                          abuses were laced with caste name, or caste name had been hurled as
                                          abuse. The intent with which abuses were hurled must be found to be
                                          denigrating towards caste, resulting into feeling of caste-based
                                          humiliation."

                                    6. Per contra, learned A.G.A for the State while opposing the arguments made by
                                    learned counsel for the appellant has shown no otherwise view which has been
                                    submitted by learned counsel for the appellant pertaining to the public view as cited
                                    above.

                                    7. At this juncture, after hearing learned counsel for the appellant as well as learned
                                    A.G.A for the State, it seems to be a fit case, where interference is warranted by this
                                    Court, by way of instant criminal appeal as per provisions of law provided under
                                    Section 3(1)(Dha) of SC/ST Act.

                                    8. Accordingly, in the light of the arguments made by learned counsel for the
                                    appellant, on the point of Section 3(1)(Dha) of SC/ST Act, the cognizance/summoning
                                    order dated 16.10.2025 passed by learned Special Judge, SC/ST (P.A) Act as well as
                                    proceedings in Sessions Case No. 1885 of 2025, insofar as they related to offences
                                    under Sections 3(1)(Dha), 3(2)(V) of SC/ST Act, 1989, are hereby set aside. The
                                    proceedings in respect of remaining offences under IPC shall continue in accordance
                                    with law. The learned trial court is directed to consider this aspect as mentioned above
                                    and pass a fresh order in the light of law provided in the statute.

                                    9. With these observations, the instant criminal appeal is allowed to the extent
                                    observed above.

                                    May 7, 2026
                                    PS
                                                                                                   (Tej Pratap Tiwari,J.)




Digitally signed by :-
POOJA SHARMA
High Court of Judicature at Allahabad