Allahabad High Court
RAMESH SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ABDUL SHAHID
Holding
No offence under Section 3(2)(va) of the SC/ST Act is made out, and the cognizance/summoning order is quashed to that extent.
Summary
The appellants Ramesh Singh and another appealed against a cognizance and summoning order dated 24‑12‑2024 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act in a case arising from FIR No. 319 of 2024. The appeal challenged the existence of an offence under Section 3(2)(va) of the SC/ST Act and disputed the place of the incident. The court examined the two FIRs, noting that both described incidents on the same day with injuries to both parties, and held that the appellant’s alleged caste‑based remarks were not reflected in the FIR, especially given the eight‑day delay in filing. The court found no material to establish an offence under the SC/ST Act and held that the question of the aggressor and the exact location were matters for trial. Consequently, the cognizance order was quashed in part and the appeal was allowed in part.
Issues considered
- Whether the facts disclosed in FIR No. 319 of 2024 constitute an offence under Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
- Whether the place of the incident alleged by the appellant can be decided at the stage of cognizance.
Legislation cited
- B.N.S. — s. 115(2), 351(2), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- SC/ST Act
- cognizance order
- quash
- criminal appeal
- delay in FIR
- place of incident
- evidence
- offence not made out
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 7686 of 2026
Ramesh Singh And Another
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Karuna Chaturvedi, Reeta Kumari,
Sonali Sharma
Counsel for Respondent(s) : G.A., Santosh Kumar
Court No. - 90
HON'BLE ABDUL SHAHID, J.
1. Heard the learned counsel for the appellant. None is present for the
opposite party.
2. The present appeal has been filed against the impugned
cognizance/summoning order dated 24.12.2024 passed by the learned
Special Judge, SC/ST Act, Jaunpur, in S.S.T. No. 391 of 2024 (State vs.
Ramesh Singh), arising out of Case Crime No. 319 of 2024, under
Sections 115(2), 352, and 351(2) of the B.N.S. and Section 3(2)(va) of the
SC/ST Act, Police Station Sujanganj, District Jaunpur.
3. There are cross-cases. One is the F.I.R. challenged in the present
criminal appeal, which is registered as Case Crime No. 319 of 2024, and
the other F.I.R. is registered as Case Crime No. 320 of 2024.
4. In the present F.I.R., the incident is shown to have occurred on
23.08.2024 at 20:30 hours, and the F.I.R. was lodged with a delay of eight
days on 31.08.2024 at 17:10 hours. On the other hand, the cross F.I.R.
(Case Crime No. 320 of 2024) records the incident as having occurred on
23.08.2024 at 22:15 hours, and the F.I.R. was registered on 31.08.2024 at
18:08 hours.
5. In the said incident, both the parties had sustained injuries.
6. Learned counsel for the appellant has raised two primary contentions:
(1) no offence under the SC/ST Act is made out from the contents of the
CRLA No. 7686 of 2026
2
F.I.R.; and (2) the place of the incident is altogether different.
7. Upon a perusal of both F.I.R.s, it appears that the incidents occurred on
the same day, 23.08.2024, at approximately 20:30 hours, and both parties
sustained injuries. Who the aggressor was in the said offence is a matter
to be determined at the time of trial.
8. The contention raised by the learned counsel for the appellant regarding
the place of the incident is a matter of evidence and can only be examined
during the trial. However, regarding the second contention, there is no
material or basis to show that the appellant used any caste-based remarks
with the intention to humiliate as the same is not reflected in the F.I.R.,
which was lodged after a delay of eight days.
9. In view thereof, no offence is made out under Section 3(2)(va) of the
SC/ST Act. Hence, the cognizance/summoning order dated 24.12.2024
passed by the learned Special Judge, SC/ST Act, Jaunpur, is hereby
quashed to that extent, and the impugned order dated 24.12.2024 is
modified accordingly.
10. The present appeal is allowed in part.
(Abdul Shahid,J.)
September 23, 2026
K.K. Maurya
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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