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News Topical, Digital Desk : The Allahabad High Court has held that a criminal case under the SC/ST Act, in the case of using caste-related derogatory words in the absence of the complainant, was an abuse of the judicial process and has quashed the criminal proceedings under the Act.
The court said the case will continue under other sections of the Indian Penal Code or the BNS. The FIR and witness statements do not clearly indicate that the accused committed caste-based slurs with malicious intent. It appears a personal dispute has been given a "criminal twist."
The fundamental element of the SC/ST Act offense is missing. Justice Madan Pal Singh issued this order while partially accepting the appeal of Sanjeev Rai, a resident of Muhammadabad police station in Mau district. The then Deputy Superintendent of Police (SP) and now Chief Security Officer of Azamgarh Airport, filed an FIR in the case on February 26, 2025.
The accused alleged that he intimidated the local police and sought support for his immoral activities. On November 8, 2025, while he was attending a school function, the accused abused him using derogatory language.
The accused argued that there were contradictions in the witnesses' statements regarding the scene of the incident. The complainant was not present at the scene, so the caste-based insults were not made. The court stated that special laws criminalize insulting the dignity of a person by making caste-based insulting remarks in a public place. This fundamental element was not present in this case. Therefore, the SC/ST case was not maintainable.
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