Patna High Court
Gaurav Kumar vs The State Of Bihar on 1 September, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4455 of 2023
Arising Out of PS. Case No.-47 Year-2022 Thana- SC/ST District- Patna
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GAURAV KUMAR S/O LAXMAN BHAGAT@LAXMAN
YADAV@LAXMAN MALI R/O-WARD NO 4, SHEKHPURA, RAIDING
ROAD, POST- VETERNARY COLLEGE, P S- HAWAI ADDA, DISTRICT-
PATNA
... ... Appellant
Versus
1. The State of Bihar
2. SIMA DEVI W/O SANJAY KUMAR R/O-WARD NO 4, SHEKHPURA,
RAIDING ROAD, POST- VETERNARY COLLEGE, P S- HAWAI ADDA,
DISTRICT- PATNA
... ... Respondents
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Appearance :
For the Appellant/s : Mr.Subhash Kumar, Adv.
For the State : Mr.Sadanand Paswan, Special P.P.
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 01-09-2025
Heard both sides.
2. The present criminal appeal has been filed for
quashing the SC/ST P.S. Case No. 47 of 2022 dated 30.10.2022
registered under Sections 341, 323, 504, 506, 354(B), 447,
448/34, 509 of the Indian Penal Code and Sections 3(i)(r)
(s)/8(1)(w)(i), 3(2)(Va) of the SC/ST (POA) Act.
3. The prosecution case, in brief, is that respondent
no. 2 (informant) gave a written application to SHO of SC/ST
Police Station, Patna alleging therein that one Laxman Bhagat
(father of the appellant) parked his scooty in front of house of
Patna High Court CR. APP (SJ) No.4455 of 2023 dt.01-09-2025
respondent no. 2 and when respondent no. 2 made protest,
Laxman Bhagat abused her by using caste name and
misbehaved with her and went away by saying that he will teach
lesson within one hour. It is alleged that after one hour he along
with his son (appellant) and several other persons came and
began to assault the informant. It is further alleged that Laxman
Bhagat assaulted the informant with iron rod due to which she
sustained injury on her hand. It is further alleged that appellant
assaulted the informant with bamboo. It is also alleged that
informant was forced to drag and thereafter she was assaulted
by other persons who came along with the appellant. On raising
alarm, local people came there and informant could be saved.
4. On the basis of said written application, SC/ST
P.S. Case No. 47 of 2022 dated 30.10.2022 was registered
under Sections 341, 323, 504, 506, 354(B), 447, 448/34, 509 of
the Indian Penal Code and Sections 3(i)(r)(s), 3(1)(w)(i), 3(2)
(Va) of the SC/ST (POA) Act.
5. Learned counsel for the appellant has submitted
that from perusal of the FIR, it is clear that there is no specific
allegation against the appellant with regard to using abusive
word by caste name. He further submits that appellant is
innocent and has committed no offence as alleged in the F.I.R.
Patna High Court CR. APP (SJ) No.4455 of 2023 dt.01-09-2025
and he has been falsely implicated in this case just to save skin
from Hawai Adda P.S. Case No. 279 of 2022. He further
submits that present case is merely abuse of process of lodging
of the FIR. He further submits that in the light of the aforesaid
fact, no offence is made out under the provisions of SC/ST
(POA) Act against the appellant.
6. Learned counsel for the State submitted that
informant is a member of SC/ST community and she is
aggrieved by using abusive word in the name of caste and she
has been assaulted by the appellant and others. It has also been
alleged in the FIR that informant was forced to drag and
thereafter she was assaulted. Learned Special Public Prosecutor
for the Sate further submitted that for the alleged occurrence,
SC/ST P.S. Case No. 47 of 2022 dated 30.10.2022 has been
lodged under Sections 341, 323, 504, 506, 354(B), 447, 448/34,
509 of the Indian Penal Code and Sections 3(i)(r)(s), 3(1)(w)(i),
3(2)(Va) of the SC/ST (POA) Act against the appellant and
others and since the registration of the FIR, more than two years
have already been elapsed and hence, there is no ground on the
basis of which the present FIR may be quashed.
7. Having regard to the submissions made by
learned counsel for the parties and on careful perusal of the
Patna High Court CR. APP (SJ) No.4455 of 2023 dt.01-09-2025
allegation made in the written statement submitted to the SHO,
of SC/ST Police Station, Patna pursuant to which SC/ST P.S.
Case No. 47 of 2022 was registered on 30.10.2022, I find that
informant has categorically alleged that abusive word has been
used by calling her caste name and she was assaulted by the
appellant and others.
8. Considering the nature of the offence alleged in
the FIR, the object of the SC/ST Act under which the FIR was
instituted and the arguments advanced on behalf of the parties, I
find that since the ingredients of the offences alleged are clearly
attracted, the relief prayed for by the appellant cannot be
granted.
9. In that view of the matter, since no case for
interference with the FIR is made out, the present appeal is
dismissed at the admission stage itself.
(Alok Kumar Pandey, J)
shahzad/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 02.09.2025
Transmission Date 02.09.2025
