'Alleged Abusing Incident Took Place Inside Car': Allahabad HC Quashes Summoning Order, NBW Against Accused For SC/ST Act Offence

The Allahabad High Court recently quashed an order of the subordinate court issuing a summons to an accused for facing the trial of offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 as it noted that the alleged act of abusing the victim took place inside the car, and not in public view. 

The bench of Justice Raj Beer Singh relied upon the Uttarakhand High Court's ruling in the case of Hitesh Verma vs. The State of Uttrakhand and another 2020 AIR (SC) 5584, wherein it was held that if the alleged incident of abuse took place inside the car, which is not in public view, thus, no offence under Section 3(1)(da), (dha) can be said to be made out.

The Court also quashed the Non Bailable warrants issued against the accused, however, the summoning of the accused-appellant for offences under Sections 323, 504, 506, and 406 IPC was upheld.

The order was passed while hearing a Criminal Appeal filed by one Syed Mohiuddin Ahmad under Section 14-A (1) of the SC/ST Act against the summoning order of the Special Judge, SC/ST Act, Allahabad. The chargesheet filed in the matter was also challenged.

The allegations against the accused were that the informant executed the sale deed at the instance of appellant and that in consideration amount, he was given two cheques, however, when he presented the same in the bank, the same was dishonoured.

Pursuant to this, on July 15, 2019, the appellant called the informant on the pretext of providing the said amount of the sale deed and the appellant and his associates forcibly dragged him into a car and assaulted and abused him by using caste-indicative words and thereafter he was thrown out from the car.

Before the Court, it was argued by the appellant that respondent No.3 got lodged the first information report in the case making false and baseless allegations by moving an application under Section 156(3) CrPC even when the dispute is civil in nature.

It was further argued by the counsel for the appellant that by impugned order dated 24.03.2021 cognizance was taken and the appellant was summoned and by the same order, non-bailable warrants have been issued against the appellant, which is against the well-settled position of law.

It was lastly submitted that even as per the version of the first informant, the alleged incident of abuse took place inside the car and thus, it cannot be said that respondent No.3/informant was abused or humiliated on grounds of his caste within public view. 

Taking into account the facts of the case and the settled position of law regarding the issuance of non-bailable offence, the bench observed that in order to secure the attendance of the accused, the court should first issue summon simpliciter or bailable warrant to the accused and only thereafter, if he does not appear after service, as a last resort, a non-bailable warrant of arrest should be issued to secure the presence of the accused person.

Against this backdrop, the Court noted that in the instant case, the due procedure of law had not been followed while issuing non-bailable warrants against the appellant and hence, the order pertaining to the issuance of non-bailable warrants was bad in law.

Further, noting that the alleged incident of abusing the informant took place inside the car, the Court quashed the summoning order vis-a-vis SC/ST Act offence, as well as the NBW.

"The impugned summoning order has been altered to that extent. The case under Section 323, 504, 506, 406 IPC shall proceed against the appellant/accused before the Competent Court in accordance with law," the Court further clarified as it parted with the case.

Appearances:

Counsel for Appellant: Ghazala Bano Quadri, Maseeh Uddin

Counsel for Respondent: G.A., Ankur Vishwakarma, Kapoor Chandra Vishwakarma, A/K1521

Case title - Syed Mohiuddin Ahmad vs. State Of U.P. And 2 Others [CRIMINAL APPEAL No. - 8338 of 2022]

Case citation: 2023 LiveLaw (AB) 89

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