SUKHA @ RAFIK KHANversusSTATE OF U.P. AND ANOTHER

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                 CRIMINAL APPEAL No. - 3016 of 2026

Sukha @ Rafik Khan
                                                  .....Appellant(s)
                               Versus

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

Counsel for Appellant(s)                 :   Pankaj Dwivedi
Counsel for Respondent(s)                :   G.A.

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

   1. Heard Sri Pankaj Dwivedi, learned counsel for the
     appellant, and learned A.G.A. for the State, and perused the
     entire record. Sri Sunil Kumar Kushwaha, learned A.G.A.,
     submitted that notice has been duly served upon opposite
     party no.2.

   2. This Criminal Appeal under Section 14-A(1) of the
     Scheduled Castes and Scheduled Tribes (Prevention of
     Atrocities) Act, 1989 has been preferred for quashing the
     charge-sheet dated 08.11.2023, the summoning order dated
     19.07.2024, as well as the entire proceedings of Sessions
     Case No. 1428 of 2024, arising out of Case Crime No. 383
     of 2023, under Sections 354, 452, 504 and 506 I.P.C. and
     Sections 3(1)(Da), 3(1)(Dha), 3(1)(w) and 3(2)(va) of the
     SC/ST Act.

   3. Learned counsel for the appellant submits that the entire
     prosecution case is false, concocted and has been instituted
     with ulterior motives. He invited the attention of the Court
     towards the site plan prepared by the Investigating Officer,
     which reflects that the place of occurrence marked as ‘A’ is
     situated inside the room. He further submits that the
     informant is a tenant of the appellant and, upon demand of
     rent, she lodged the present false and fabricated case against
     him. It is thus argued that no offence under Sections 354,
     452, 504 and 506 I.P.C. or under the provisions of the
     SC/ST Act is made out against the appellant.

   4. Learned counsel further contends that the impugned
     cognizance and summoning order dated 19.07.2024 has
     been passed in a mechanical manner without proper
     application of judicial mind. It is submitted that the
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   appellant has been falsely implicated due to a monetary
   dispute and that the prosecution has been launched only to
   harass and humiliate him.

 5. Per contra, learned A.G.A. vehemently opposed the appeal
   and submitted that from a perusal of the charge-sheet and
   summoning order, it cannot be said that no offence under
   the SC/ST Act is made out against the appellant.

 6. I have considered the submissions advanced by learned
   counsel for the parties and have carefully perused the entire
   record, including the First Information Report, charge-sheet
   and the statements of the informant and other witnesses
   recorded during investigation.

 7. From the submissions advanced by learned counsel for the
   appellant and upon perusal of the record, it prima facie
   appears that the essential ingredients constituting the
   offences under the provisions of the SC/ST Act are not
   made out against the appellant, particularly insofar as the
   offences under the SC/ST Act are concerned.

 8. It is well settled that for attracting the provisions of
   Sections 3(1)(Da), 3(1)(Dha), 3(1)(w) and 3(2)(va) of the
   SC/ST Act, the prosecution must prima facie establish that
   the accused intentionally insulted or intimidated the victim
   with intent to humiliate such person on the ground that he
   or she belongs to a Scheduled Caste or Scheduled Tribe,
   and that such act was committed in a place within public
   view.

 9. In the present case, there is not even a whisper in the First
   Information Report or in the statements recorded during
   investigation to show that the appellant acted with the
   requisite mens rea to humiliate the informant on the basis of
   caste. Mere use of abusive language or involvement in a
   scuffle, without the foundational requirement of caste-based
   intent, does not attract the rigours of the SC/ST Act.

10. The Hon’ble Supreme Court in Hitesh Verma v. State of
   Uttarakhand, reported in (2020) 10 SCC 710 : 2020 SCC
   OnLine SC 907, has categorically held that an offence
   under the Act is not established merely because the
   informant belongs to a Scheduled Caste or Scheduled Tribe,
   unless there is an intention to humiliate such person on
   account of caste.

11. Applying the aforesaid settled legal principles to the facts
   of the present case, it is manifest that the essential
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                                                 ingredients of the offences under the SC/ST Act are wholly
                                                 absent.

                                              12. Continuation of the criminal proceedings against the
                                                 appellant under the provisions of the SC/ST Act would,
                                                 therefore, amount to an abuse of the process of law.
                                                 Accordingly, the charge-sheet dated 08.11.2023 and the
                                                 cognizance/summoning order dated 19.07.2024, insofar as
                                                 they relate to offences under Sections 3(1)(Da), 3(1)(Dha),
                                                 3(1)(w) and 3(2)(va) of the SC/ST Act, are liable to be
                                                 quashed and are hereby quashed. However, the
                                                 proceedings in respect of offences under Sections 354, 452,
                                                 504 and 506 I.P.C. shall continue in accordance with law.

                                              13. In view of the aforesaid, the present criminal appeal is
                                                 partly allowed.

                                        May 7, 2026
                                        pks

                                                                                     (Madan Pal Singh,J.)




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