IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1365 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- SC/ST District- Darbhanga ====================================================== 1. RAMESH THAKUR S/o Late Awadh Thakur Resident of Village- Jalley, P.S.- Jalley, District- Darbhanga. 2. Anil Thakur S/o Banaras Thakur Resident of Village- Jalley, P.S.- Jalley, District- Darbhanga. 3. Mithilesh Thakur S/o Banaras Thakur Resident of Village- Jalley, P.S.- Jalley, District- Darbhanga. 4. Sanjay Kumar @ Sanjay Thakur S/o Chandeshwar Thakur Resident of Village- Jalley, P. S.- Jalley, District- Darbhanga. 5. Shambhu Thakur @ Sambhu Thakur S/o Late Balbodh Thakur Resident of Village- Jalley, P. S.- Jalley, District- Darbhanga. ... ... Appellant/s Versus 1. The State of Bihar 2. Dilip Mallik S/o Singheshwar Mallik Resident of Village- Jalley, P.S.- Jalley, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Iqbal Asif Niazi, Advocate For the State : Ms. Usha Kumar 1, Spl. P.P. For the Informant : Mr.Kedar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17 02-02-2026 Heard learned counsel for the appellants, learned Spl. P.P. for the State and learned counsel for the Opposite Party No. 02. 2. This appeal has been preferred for quashing the order dated 26.11.2021 passed by the learned Additional Sessions Judge-1st -cum-Special Judge SC/ST (P.O.A) Act, Darbhanga in SC/ST G.R. Case No. 35/2021 arising out of Darbhanga (Sadar) SC/ST P.S. Case No. 12/2021 whereby and Patna High Court CR. APP (SJ) No.1365 of 2022(17) dt.02-02-2026 2/3 whereunder cognizance of the offences under Sections 341, 323, 354, 504/34 of the Indian Penal Code and Sections 3(i)(r), 3(1) (s), 3(2)(va) of SC/ST Act has been taken against the appellants. 3. As per the prosecution case, on February 7, 2021, co-accused Suraj Thakur dragged the informant’s sister Gudiya Kumari (19 years) toward his car. When the informant intervened, all named accused and 4-5 unknown armed persons arrived, abused him by caste name, and assaulted him and his family members with deadly weapons. 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. Learned Spl. P.P. for the State has opposed the prayer of the appellants and has supported the impugned order. 6. 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. So from the allegations levelled against the accused persons, it appears that no offence has been committed with the informant who belongs to Scheduled Caste with an Patna High Court CR. APP (SJ) No.1365 of 2022(17) dt.02-02-2026 3/3 intention that it was being done on the ground of caste. 7. 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. 8. Accordingly, this application is allowed and the order dated 26.11.2021 passed by the learned Additional Sessions Judge-1st -cum-Special Judge SC/ST (P.O.A) Act, Darbhanga in SC/ST G.R. Case No. 35/2021 arising out of Darbhanga (Sadar) SC/ST P.S. Case No. 12/2021 and all consequential proceedings arising out of the same are hereby quashed. tusharika/- (Sandeep Kumar, J) U T