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Supreme Court of India 2023-05-19 allowed

Ramesh Chandra Vaishya vs The State of Uttar Pradesh & Anr

Bench: 2 — S. Ravindra Bhat, Dipankar Datta

In Brief

A man was accused of caste-based abuse and physical assault during a water drainage dispute. The Supreme Court quashed the criminal case, holding that the prosecution failed to establish essential legal ingredients. The incident occurred at the appellant's home with only family members present—not "in public view" as required by the SC/ST Act. The charge-sheet also failed to specify the exact abusive words used or prove they were caste-targeted. Moreover, mere abuse without proof of intent to provoke breach of peace does not violate Section 504, IPC. The investigation was hastily completed in one day without corroborating evidence. The Court found the proceedings constituted an abuse of process and set aside the High Court's dismissal of the quashing petition.

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Criminal Procedure Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Abuse of Process Section 482 CrPC Hate Speech Caste-based Discrimination

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