HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 2991 of 2026 Court No. - 92 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Mr Amiruddin Siddique, learned counsel for the appellant, learned AGA for the State and perused the material placed on record. 2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred to quash the impugned charge-sheet bearing no. 561 of 2025 submitted on 04.10.2025 along-with cognizance/summoning order dated 16.10.2025 passed by learned Special Judge, SC/ST (P.A) Act, Moradabad in Sessions Case No. 1885 of 2025 (State Vs. Mogali alias Banti) arising out of Case Crime No. 0624 of 2025, under Sections 69, 351(3) of BNS and Sections 3(1)(Dha), 3(2)(V) of SC/ST Act, 1989, Police Station Civil Lines, District Mordabad. 3. The notice issued earlier by the order of this Court has been duly served to opposite party no. 2, as reported by the office. 4. At the very outset, learned counsel for the appellant contended that as per the contents of the FIR annexed at page-78 of the instant appeal, the allegations made by the complainant were not made in any place within public view, therefore, it is not as per Section 3(1)(Dha) of SC/ST Act. After this, learned counsel has took the attention of this Court towards the statement of the victim made under 180 BNSS annexed at page-82 of the instant appeal, there also allegations alleged on the accused-appellant has not been said to be made in presence of any other person except the complainant and the accused-appellant. The same statement has been reiterated in her statement made under Section 183 BNSS annexed at page-93 of the instant appeal. The accused- appellant is on bail. A copy of the same has been appended at page-95 of the instant appeal, allowed by this Court. 5. During the course of the argument, learned counsel for the appellant relied on a judgment passed by Hon'ble Supreme Court in Keshaw Mahto @ Keshaw Kumar Mahto Vs. State of Bihar and another, 2026 0 Supreme (SC) 76, wherein it has Versus Counsel for Appellant(s) : Amiruddin Siddique Counsel for Respondent(s) : G.A. Mogali Alias Banti .....Appellant(s) State of U.P. and Another .....Respondent(s) been held that :- "to constitute the offence under Section 3(1)(s) of SC/ST Act, it would be necessary that the accused-appellant abuses the member of SC/ST by caste name in any place within public view. The allegations must reveal abuses were laced with caste name, or caste name had been hurled as abuse. The intent with which abuses were hurled must be found to be denigrating towards caste, resulting into feeling of caste-based humiliation." 6. Per contra, learned A.G.A for the State while opposing the arguments made by learned counsel for the appellant has shown no otherwise view which has been submitted by learned counsel for the appellant pertaining to the public view as cited above. 7. At this juncture, after hearing learned counsel for the appellant as well as learned A.G.A for the State, it seems to be a fit case, where interference is warranted by this Court, by way of instant criminal appeal as per provisions of law provided under Section 3(1)(Dha) of SC/ST Act. 8. Accordingly, in the light of the arguments made by learned counsel for the appellant, on the point of Section 3(1)(Dha) of SC/ST Act, the cognizance/summoning order dated 16.10.2025 passed by learned Special Judge, SC/ST (P.A) Act as well as proceedings in Sessions Case No. 1885 of 2025, insofar as they related to offences under Sections 3(1)(Dha), 3(2)(V) of SC/ST Act, 1989, are hereby set aside. The proceedings in respect of remaining offences under IPC shall continue in accordance with law. The learned trial court is directed to consider this aspect as mentioned above and pass a fresh order in the light of law provided in the statute. 9. With these observations, the instant criminal appeal is allowed to the extent observed above. May 7, 2026 PS CRLA No. 2991 of 2026 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad