IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1009 of 2021 Arising Out of PS. Case No.-15 Year-2019 Thana- SC/ST District- Khagaria ====================================================== 1. GURU PRASAD S/o Rama Shankar Prasad R/o Village- Nista, Ward No. 14, P.S.- Alloli, District- Khagaria. 2. Rama Shankar Prasad Verma Son of Late Raghunandan Prasad R/o Village- Nista, Ward No. 14, P.S.- Alloli, District- Khagaria. ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Suresh Paswan Son of Late Sajju Paswan Resident of village- Ashurar Haripur, P.S.- Alauli Dist- Khagaria. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Dr. Kamal Deo Sharma For the Respondent/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18 20-01-2025 Heard learned counsel for the appellants, learned Special P.P. for the State Smt. Usha Kumari. None appears for the Opposite Party No. 02 though Vakalatnama has been filed on his behalf. 2. This appeal has been preferred for quashing the order dated 24.11.2020 passed by the learned Additional Sessions Judge-1st, Khagaria in SC/ST P.S. Case No. 15 of 2019/ G.R. No. 2365 of 2019. 3. As per the prosecution case, the informant is the watchman of mango orchard of Vivek Kumar. The appellant no. 2 and his son i.e. appellant no. 1 came to the orchard and Patna High Court CR. APP (SJ) No.1009 of 2021(18) dt.20-01-2025 2/3 plucked mangoes and when the informant opposed the same, the appellants have abused him. 4. It has been submitted by the learned counsel for the appellants that the appellants have falsely been implicated in this case and no offence is made out against the appellants under the SC/ST Act. 5. It has further been submitted by the learned counsel for the appellants that the said complaint is filed at the instance of Vivek Kumar, who is the co-sharer of the appellants. He also submits that the witnesses have also disclosed that the present case has been filed at the instance of Vivek Kumar. 6. Learned Spl. P.P. for the State has opposed the prayer of the appellants and has supported the impugned order. 7. I have gone through the order taking cognizance and from the same it appears that the present case has been filed because of personal enmity and the provisions of the SC/ST Act have been misused. It also appears that the only thrust of the informant is that the accused persons were plucking the mangoes illegally from his orchard which he protested and have been made accused. So from the allegations levelled against the accused persons, it appears that the dispute is with regard to plucking mangoes from the orchard and no offence has been Patna High Court CR. APP (SJ) No.1009 of 2021(18) dt.20-01-2025 3/3 committed with the informant who belongs to Scheduled Caste with an intention that it was being done on the ground of caste. 8. In view of the above, the prosecution of the appellants is malafide and the same cannot be allowed in view of the law laid down by the Hon’ble Supreme Court in the cases of Dashrath Sahu vs. State of Chhattisgarh reported in 2024 SCC OnLine SC 72 and State of Haryana & Ors. vs. Bhajan Lal & Ors. reported in 1992 Supp(1) SCC 335. 9. Accordingly, this application is allowed and the order dated 24.11.2020 passed by the learned Additional Sessions Judge-1st, Khagaria in SC/ST P.S. Case No. 15 of 2019/ G.R. No. 2365 of 2019 and all consequential proceedings arising out of the same are hereby quashed. Vikas/- (Sandeep Kumar, J) U