Bureau Prayagraj- Allahabad High Court has clearly said in a case of SC-ST Act that calling someone by caste without the intention of insulting someone is not an offense under the SC-ST Act. The court clearly said that continuing with this type of case would be an abuse of the justice process.
The court said that the essential elements of the offense of SC-ST Act are not present in the allegations made in the case. The onus is on the prosecution to prove the commission of a crime on the basis of prima facie evidence. With this, the court canceled the criminal proceedings against the petitioner under the SC-ST Act. Now the case will proceed only on charges of assault and abuse.
Allahabad High Court has issued an order partially accepting the appeal of Amay Pandey and three others. High Court Justice Madan Pal Singh gave this order.
Advocates Ganesh Shankar Srivastava and Ashwani Kumar, on behalf of the petitioners, said in their arguments that a case was registered against an unknown person. There was no allegation of crime on caste basis anywhere in the FIR. Later the story was added to the statement under section 161 of CrPC.
Actually, Justice Madan Pal Singh of Allahabad High Court was hearing the appeal of Amay Pandey of Siddharth Nagar along with three others. He canceled the criminal proceedings against everyone under the SC/ST Act. But the court made it clear that the criminal trial will continue on charges related to abuse and assault.
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