RAJEEV KUMAR UPADHYAY versus SRIKANT UPADHYAY & ORS.

RAJEEV KUMAR UPADHYAY versus SRIKANT UPADHYAY & ORS.

Given the grave allegations of public disrobing, assault and accusations of witchcraft that affronted the victims' dignity, the High Court's stay of proceedings was inappropriate; the State and courts have a heightened duty to protect dignity under Article 21, and therefore the matter is remitted to the District Court to proceed in accordance with law with the trial directed to proceed on a day-to-day basis and specified interim directions (including appearance on 15 January 2025).

Parties
Appellant: Rajeev Kumar Upadhyay; Respondents: Srikant Upadhyay & Ors.
Jurisdiction
India
Judgment Date
19 December 2024
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 04.07.2024 in CRLM No.30562 of 2023; Leave Granted
Outcome
Appeal disposed of
Legal Topics
Witchcraft Accusations, Disrobing and Assault, Dignity (article 21), Stay of Criminal Proceedings Under Section 482 Cr PC, Section 156(3) Cr PC, Day to Day Trial Directions
Criminal Law Constitutional Law Human Rights Gender Justice International Law Witchcraft Accusations Disrobing and Assault Dignity (article 21) +3 more

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Parties

Rajeev Kumar Upadhyay

Appellant

Srikant Upadhyay & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 04.07.2024 in CRLM No.30562 of 2023; Leave Granted

Legal Issues

  1. 1 Whether the High Court erred in granting a stay of trial proceedings in a case involving allegations of public disrobing and assault and accusations of witchcraft
  2. 2 Whether the State and courts have a heightened duty to protect dignity under Article 21 in offences infringing personal dignity and to act with sensitivity
  3. 3 Whether the trial should be directed to proceed on a day-to-day basis despite interim orders and withdrawn petitions

Ratio Decidendi

Given the grave allegations of public disrobing, assault and accusations of witchcraft that affronted the victims' dignity, the High Court's stay of proceedings was inappropriate; the State and courts have a heightened duty to protect dignity under Article 21, and therefore the matter is remitted to the District Court to proceed in accordance with law with the trial directed to proceed on a day-to-day basis and specified interim directions (including appearance on 15 January 2025).

Court Disposition

Appeal disposed of

Orders

  • The matter is placed on the file of the concerned District Court to proceed in accordance with the law
  • The trial against the accused persons shall proceed on a day-to-day basis