Neutral Citation No. - 2025:AHC:50923 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34105 of 2016 Applicant :- Rajiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar,Bal Mukund Chaturvedi Counsel for Opposite Party :- G.A.,Rahul Kumar Jadaun,Sudhir Dixit Hon'ble Saurabh Srivastava,J. 1. Heard Shri Ajay Sengar, learned counsel for the applicant, Shri Rahul Kumar Jadaun, learned counsel appearing for opposite party no.2 and the learned AGA for the State. 2. The instant application under Section 482 Cr.P.C has been filed for setting aside the impugned order dated 24.6.2016 passed by the learned Chief Judicial Magistrate, Jalaun at Orai in Case Crime No.0127 of 2016 (State of U.P. vs. Harshit and others) P.S. Madhogarh, District Jalaun at Orai, taking cognizance and summon the applicant under Sections 147, 323, 504, 506 IPC and 3(I)(X) SC/ST Act 1989, at Police Station Madhogarh, District Jalaun. 3. On the basis of Section 3(1)(X) which is mandatory on the part of the prosecution alongwith the informant to disclose two things at the same time as discussed in the case of Gorige Pentaiah vs. State of Andhra Pradesh, 2009 (Crl.) LJ 350 rendered by Hon'ble Supreme Court, one, the disclosure with regard to the accused that he does not belongs to Scheduled Caste/Scheduled Tribe community and the alleged offence has to be in the nature which might be in shape of insulting with caste instigation in public by the accused. So far as second criteria is concerned which has been elaborated by Hon'be Apex Court, the same stands proved since the offence has been occurred at 4.30 P.M in an open area where the assemblies of so many persons were there on the occasion of celebration of Holi. So far as, regarding the second criteria is concerned, the same has not been disputed and as such order dated 24.6.2016 passed by learned Chief Judicial Magistrate, Jalaun at Orai is hereby modified to the extent that learned court concerned shall proceed with the trial in Case No.1645 of 2016 (State vs. Harshit and others) in respect of Sections 147, 323, 504, 506 IPC only and the cognizance of offence taken up by learned court concerned under Section 3 (1)(X) of SC/ST Act is hereby set aside. 4. The instant A-482 application is partly allowed. Order Date :- 8.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad