Allahabad HC stays punitive action in SC/ST Act case filed under ‘fake name’

The Allahabad High Court has stayed any punitive action against the accused in a case registered under the SC/ST Act at Mohammadabad Gohna police station in Mau district. The order was passed by Justice Madan Pal Singh while hearing an appeal filed by Brajraj Nishad and four others, who had challenged the summons issued by the trial court.

The case stems from an FIR lodged under multiple sections of the Indian Penal Code, including charges of assault, theft, and criminal intimidation, along with provisions of the SC/ST Act. The appellants approached the High Court seeking relief, arguing that the proceedings initiated against them were legally flawed and based on questionable grounds.

During the hearing, counsel for the appellants contended that the FIR had been filed under the name “Kalawati,” but no such person exists in the concerned village. It was argued that the complaint was actually filed by an individual named Lalti using a false identity. The defence further stated that several of the accused belong to the Scheduled Caste community and possess valid caste certificates, asserting that the provisions of the SC/ST Act would not apply in such circumstances. Additionally, the counsel claimed that the dispute was essentially civil in nature and had been deliberately given a criminal dimension to harass the accused.

After considering the submissions, the High Court granted two weeks’ time to the complainant, identified as Lalti, to file a counter-affidavit. The matter has been listed for further hearing on April 24. Until then, the stay on punitive action against the accused will remain in force, providing interim relief while the court examines the validity of the allegations and procedural aspects of the case.