Neutral Citation No. - 2025:AHC-LKO:16067 Court No. - 12 Case :- CRIMINAL APPEAL No. - 784 of 2025 Appellant :- Shivam Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Vinay Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Vinay Kuma Tiwari, learned counsel for appellant as well as learned A.G.A. for the State and Sri Kunwar Bahadur Singh, Advocate who has filed his power on behalf of respondent No. 2 which is taken on record. 2. By means of present criminal appeal, the appellant has assailed the proceedings of the Sessions Case No. 1004/2023 (State Vs. Shivam Pandey) as well as Charge sheet dated 06.06.2023, U/S 323, 504, 506, 452 of I.P.C. and 3(1)R, 3(1)S of SC/ST Act arising out of Case Crime No. 0077/2023, Police Station - Khodare, District Gonda and the impugned order dated 20.07.2023 passed by Additional Sessions Judge / Special Judge (SC/ST Act), District Gonda by means of which the appellants have been summoned u/S 323, 504, 506, 452 of I.P.C. and 3(1)R, 3(1)S of SC/ST Act. 3. According to the prosecution the complainant was running electronic shop and the appellant having aggrieved with regard to the SIM Card purchased from him has sought to replace and when he reached the shop around 5.30 p.m. where the accused started assaulting the complainant due to which he received injury and also used caste related words and accordingly a first information report under Sections 323, 504, 506 I.P.C. and Section 3(1)R and Section 3(1)S of SC/ST Act was lodged against him. 4. It has been submitted by learned counsel for appellant that all the allegations are false and appellant has been falsely implicated in the said case. He further submits that subsequently in the statements recorded under Section 161 Cr.P.C. by the police which could not be shown that caste related words have been used against the complainant. 5. In support of his submissions, learned counsel for appellant has relied upon the judgment of Hon'ble the Supreme Court in the case of Karuppudayar Vs. State Rep. by the Dy. Superintendent of Police Lalgudi Trichy & Ors passed in Criminal Appeal arising out of Special Leave Petition (Criminal) No. 8778-8779 of 2024). In paragraph No. 10 the Supreme Court has emphasized that occurrence of caste related words should be in a public place not in a private place where other persons are not present. 6. The facts of the present case are distinguishable inasmuch as the occurrence is said to have been occurred in the shop owned by the complainant which was a public place and accordingly the judgment of the Supreme Court would not be applicable and the facts are clearly distinguishable. 6. Lastly, it has been submitted that CCTV footage which has been submitted along with the charge-sheet does not comply with the provisions of Information Technology Act and accordingly could not be read against the appellant. 7. Be that as it may, it is noticed that sufficient evidence about from the CCTV footage is also available in form of the evidence of the complainant who is injured witness also in the present case. Accordingly, even if the submissions of the appellant are considered at this stage, no benefit of the same can be granted to him. 8. Considering the submissions, it is noticed that there are clear allegations of invocation of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and merely because of the statement of some of the witnesses under Section 161 Cr.P.C. are in his favour cannot read a presumption of innocence of the accused at this stage and when from a bare reading of the first information report there are clear allegations of violation of provision of S.C./S.T. Act the proceedings cannot be quashed merely on account of the statement of certain witnesses recorded under Section 161 Cr.P.C., accordingly, the appeal is bereft of merits and is hereby dismissed. (Alok Mathur, J.) Order Date :- 20.3.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench