Neutral Citation No. - 2025:AHC-LKO:17258 Court No. - 12 Case :- CRIMINAL APPEAL No. - 923 of 2025 Appellant :- Anil Kumar Yadav And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Krishna Ram Yadav,Dayanand Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Krishna Ram Yadav, learned counsel for the appellants as well as learned Additional Government Advocate for the opposite party no. 1. 2. Present criminal appeal has been filed under Section 14A(1) of the SC/ST Act assailing the order dated 13.12.2024, passed by Special Judge (SC/ST Act), Sultanpur in Case No. 1472 of 2024 - State of U.P. Vs. Shyam Bahadur Yadav and 2 Others, arising out of Case Crime No. 0364 of 2024, under Sections 131, 352 BNS & Section 3(1)(D), 3(1)(Dha) of SC/ST Act, Police Station - Chanda, District - Sultanpur. 3. It has been submitted by learned counsel for the appellant that a first information report was lodged by opposite party no. 2 on 23.07.2024, being Case Crime No. 0364 of 2024, under Sections 131, 352 BNS & Section 3(1)(D), 3(1)(Dha) of SC/ST Act, Police Station - Chanda, District - Sultanpur. The complainant who claims to be scheduled caste has alleged that on the date of incident on 17.07.2024, at around 9.00AM when he was going near the pond, he was stopped by number of persons including the appellant and was asked as to why they are not having temple constructed and all of them started abusing the complainant and when he objected he was manhandled and accordingly o the said information, first information report was lodged. 4. After investigation charge sheet has been filed in the trial Court and summons have been issued to the appellant on 13.12.2024, which has been assailed in the present criminal appeal. 5. The only ground canvassed by the appellant is that there is doubt with regard to caste of the complainant as another person of the same caste namely Satish Dhuriya exists, where dispute pertaining to caste is still pending. When pointed query was made to the learned counsel for the appellant as to whether there is any dispute with regard to caste of the complainant, it was stated that there is no dispute with regard to caste of the complainant, but only the caste of one of the his relatives is in dispute. 6. Merely because the caste of complainant is disputed, cannot be a ground for interference in the summoning order issued for the offence under the SC/ST Act. This Court finds that there is no material on record where any proceedings have been initiated by the appellant for verification of caste of complainant in the light of directions of Hon'ble Supreme Court in the case of Kumari Madhuri Patil Vs. Additional Commissioner, Tribal Development, 1994 (6) SCC 241, where either before the District Level Committee, Division Level Committee or State Level Committee, unless and until directions are issued for cancellation of caste certificate, it cannot be presumed that a person does not belong to a particular caste. 7. Accordingly, in absence of any material, the ground raised by the appellant seems to be baseless and not worth interference in the present criminal appeal. No other ground was urged by the learned counsel for the appellant. 8. In view of above, present criminal appeal being devoid of merits is dismissed. Order Date :- 25.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench