HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 37437 of 2024 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Gaurav Srivastav, learned counsel for the applicants, Sri Birendra Pratap Singh, learned A.G.A. for the State and perused the material brought on record. 3. As per the compliance affidavit dated 19.11.2024 filed by the State in compliance of the order dated 06.11.2024 notice has been served on the father of the complainant / opposite party no.2 as stated in paragraph 3 of it and proof of service is annexed as Annexure-1 to the same. Notice this is deemed sufficient. 4. Despite service of notice, no one appears on behalf of the opposite party no.2 even when the matter is taken in the revised list and neither the opposite party no.2 is present in person. 5. Learned A.G.A. for the State submits that he does not proposes to file any counter affidavit. 6. The matter is ripe for hearing. 7. This application under Section 482 Cr.P.C. has been filed by the applicants- Prem Singh and Vinod Singh, with the prayer to quash the cognizance/summoning order dated 08.08.2022 passed by Special Judge SC/ST Act / Additional District Judge-2nd, District Agra in Sessions Case No. 1216 of 2022 (State Vs. Vinod Singh & Others), Versus Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar Srivastava Counsel for Opposite Party(s): G.A. Prem Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) under Sections 294, 452, 323, 504 I.P.C. for applicant no. 1 and under Sections 294, 452, 323, 504, I.P.C., Section 3(1) Da, Dha and 3(2) 5Ka S.C/S.T. Act for applicant no. 2, Police Station Mansukhpura, District Agra arising out of Case Crime No. 25 of 2022. 8. The facts in the present case are that a first information report of the present matter was lodged on 27.05.2022 by Sunil Kumar the opposite party no.2 against the applicants Vinod Singh and Prem Singh as Case Crime No. 25 of 2022, under Sections 294, 452, 323, 504 I.P.C., Sections 3(1) (da), 3(1) (dha), 3(2)(va) SC/ST Act, Police Station Mansukhpura, District Agra alleging therein that he is a resident of Agra. On 03.05.2022 he had gone to his matrimonial house for some wedding. On that day at about 4 pm the accused Vinod Singh and Prem Singh in an intoxicated condition came to his house and misbehaved with his wife and then entered in the house and resorted to assault and used abusive language. The also used caste related words and in its continuation asked the whereabouts of her husband. They stated that money is due on him and she may tell to return the money otherwise he would also meet the same fate. Vinod had even earlier beaten him about which the informant had made a complaint to the Circle Officer on 03.05.2022 for lodging a report but they considering it to be a false report did not take any action. They had challaned both the parties under Section 151 Cr.P.C. but his report was not registered about which he had made a complaint to the Circle Officer concerned on 05.05.2022 that his wife and his father have received injuries on their body of which no letter for their medical examination was given but he was challaned by the police. The medical examination of his father and wife be got done and appropriate orders be passed directing the lodging of the first information report by Police Station Mansukhpura. The said first information report was lodged on the basis of an application given to the S.S.P., Agra. 9. The prosecution during investigation placed on record a medical examination report dated 10.05.2022 of Pushpa Devi and also of Pooran Singh which is also dated 10.05.2022. 10. The investigation took place in which Sunil Kumar the first informant, Smt. Pushpa Devi the victim and Pooran Singh Jatav both A482 No. 37437 of 2024 2 the alleged injured, Ram Sewak, Kishan Singh and Uday Singh the alleged eye-witnesses were interrogated after which a charge-sheet for offences under Sections 294, 452, 323, 504, I.P.C. was submitted against the applicant- Prem Singh and against the applicant- Vinod Singh under Sections 294, 452, 323, 504, I.P.C., Section 3(1) Da, Dha and 3(2) 5Ka S.C/S.T. Act. 11. The court of the Special Judge SC/ST Act, Agra took cognizance on the said charge-sheet and summoned the accused vide order dated 08.08.2022. The present application u/s 482 Cr.P.C. has thus been filed before this Court. 12. The perusal of records show that vide order dated 29.11.2024 notice was issued to the opposite party no.2 and in the meantime an order directing no coercive action against the applicant was passed. The office through its report dated 07.11.2025 has reported that notice has been served personally on the opposite party no.2. At the cost of repetition it is again observed that despite service of notice on opposite party no.2 neither the opposite party no.2 is present nor there is any representation on his behalf. 13. Submission of learned counsel for the applicants is that the present application in so far as the applicant no.1- Prem Singh is concerned, the same be dismissed as not pressed. 14. Prayer is allowed. The petition in so far as the applicant no.1- Prem Singh is concerned, stands dismissed as not pressed. 15. The petition thus survives only with regard to the applicant no.2- Vinod Singh. 16. Submission of learned counsel for the applicant confines to the allegations relating to use of caste related words, offence u/s S.C./S.T. Act and its implication in the present matter. A short and crisp argument has been raised by learned counsel for the applicant that in so far as the allegations relating to the offence u/s S.C./S.T. Act is concerned, the same are totally vague and do not attract ingredients of the said offence in as much as, as per the prosecution case itself as unfolded in the first information report for the use of caste related words is when the accused entered the house. It is A482 No. 37437 of 2024 3 submitted that thus the same was neither a public place, nor in public view and even there was no public witness to see the same. It is submitted that even the allegations of use of caste related words is too vague in as much as there is no disclosure in the version of the informant as to what and which words were used to cause the complainant and his family members disrepute by using the said words. It is submitted that thus the necessary ingredients in so far as offence under the S.C./S.T. Act are concerned are conspicuously missing. 17. Learned counsel for the applicants fairly submits that in so far as allegations with regard to the other offences are concerned, he at this stage cannot raise an argument with regard to their quashing as the same would be a matter of trial to be agitated at the appropriate stage therein and thus he gives up the said challenge. 18. Learned counsel for the State has been heard at length who supported the prosecution version and even the order summoning the accused. He submits that the first information report speaks specifically that caste related words were used for which the informant, two victims and eye-witnesses have been examined during investigation who have supported the prosecution case. It is submitted that although it is true that the exact words have not been disclosed but the fact that caste related words have been used is the prosecution case and thus the investigating agency after investigation submitted charge-sheet against the applicants under the S.C./S.T. Act also and finding the same to be having prima facie evidence the trial court concerned has summoned the applicants on the same. 19. After hearing the learned counsel for the parties and perusing the records, it is evident that the present petition is being considered only with regard to the applicant- Vinod Singh and that too with regard to the offence under the S.C./S.T. Act, filing of charge-sheet and his summoning under the said section. The challenge for him under the sections of the I.P.C. have been given up and thus the same may be agitated at the appropriate stage in the trial by the applicant. In so far as the allegations of offence under the S.C./S.T. Act, first information report and the entire material collected during investigation are concerned only refer to the fact that caste related words have been A482 No. 37437 of 2024 4 used but there is no disclosure as to what were the actual words used by the accused-applicant so as to cause disrepute to the complainant and his family members being the persons of a downtrodden society and being also attacked and threatened as being persons of downtrodden society. The allegation is of the accused entering inside the house and then using the said words. The same thus does not take place in a public place, even in the public view and further there is no allegation that the said act was done by the accused-applicant because of the reason that the complainant and his family members were persons of downtrodden society. 20. The proceedings thus against the applicant- Vinod Singh in so far as it relates to offence under Sections 3(1) Da, Dha and 3(2) 5Ka S.C/S.T. Act are hereby quashed. 21. The proceedings in so far as the other offences under the Indian Penal Code are concerned, since they have not been agitated do not call for any interference. 22. The matter is directed to proceed thus before the appropriate court in the offence under the charged sections of the Indian Penal Code. The matter is expected to be taken up expeditiously and be concluded expeditiously without granting undue adjournment to either of the parties. 23. Interim order, if any, stands vacated. 24. The petition with regard to Vinod Singh is thus partly allowed, as above. 25. Pending application (s), if any, shall stand disposed of. April 1, 2026 AS Rathore A482 No. 37437 of 2024 5 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad