Mushtaque Ali vs State Of U.P on 2 February, 2026

Supreme Court – Daily Orders

Mushtaque Ali vs State Of U.P on 2 February, 2026

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                                             IN THE SUPREME COURT OF INDIA
                                            CRIMINAL APPELLATE JURISDICTION



                                       CRIMINAL APPEAL NO.        OF 2026
                                           (@ SLP(CRL.) No. 959/2025)


     MUSHTAQUE ALI                                                                      Petitioner(s)

                                                            VERSUS

     STATE OF U.P & ANR.                                                                Respondent(s)



                                                           O R D E R

1. Leave granted.

2. The appellant has been charged in Complaint Case No.1 of

2024 for the offences punishable under Sections 323, 504,

506, 500 of the Indian Penal Code, 1860 and Section 3(1)

(v) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short, ‘the SC &

ST Act’).

3. The appellant and the 2 other co-accused persons were the

members of the Child Welfare Committee (for short, ‘CWC’)

while the respondent No.2 – the complainant was the

Chairperson of the CWC. The sum and substance of the

allegation made against the appellant is that he, along
Signature Not Verified

Digitally signed by with other accused persons who are subordinates of the
SWETA BALODI
Date: 2026.02.12
16:34:52 IST

complainant, defamed the complainant on the basis of
Reason:

caste, and, in addition thereto, the accused persons
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caught hold of the complainant’s neck and threatened to

kill him.

4. Learned counsel appearing for the appellant submitted that

Investigation Report was filed by the Police pursuant to

the application filed by the complainant under Section

156(3) of the Code of Criminal Procedure, 1973 (for short,

‘Cr.P.C.’) stating that no incriminating material was

found against the accused persons. The same has not been

given due attention by the Courts below. Admittedly,

respondent No.2 was the Chairperson and he has a grievance

against the three members. The allegations are otherwise

vague and are stated to have occurred within the premises

of the office. Furthermore, he submitted that the

statement of CW-3 was recorded for the second time.

5. The learned counsel appearing for the respondent No.2

vehemently contended that the allegations made in the

complaint are sufficient enough to attract the provisions

of the SC & SC Act. The reliance has been made on the

statement of CW-3.

6. We have heard the learned counsel appearing for the

parties.

7. Admittedly, the respondent No.2 is a chairperson while the

appellant was a mere member. We have perused the

complaint. The complaint says that the appellant, along

with the two others, hurled abuses at respondent No.2.
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However, the second statement made by CW-3 would show that

the allegations are extremely vague.

8. In our considered view, this is an extension of a strained

relationship between respondent No.2, supported by CW-3,

on the one hand, and the appellant along with the other

two accused persons on the other.

9. The alleged occurrence is also stated to have taken place

within the premises of the office. For this reason, the

Police, after investigation, filed a report stating that

no offence was made out. Suffice it is to say that there

is no need to invoke Section 200 of Cr. P.C., on the facts

and circumstances of the present case.

10. Considering the above, the proceedings initiated against

the appellant stands quashed and the impugned order stands

set aside.

11. The appeal is allowed accordingly.

12. Pending application(s), if any, shall stand disposed of.

……………………………………………………………………J.
[M.M. SUNDRESH]

………………………………………………………………………J.
[NONGMEIKAPAM KOTISWAR SINGH]

NEW DELHI;

2nd FEBRUARY, 2026
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ITEM NO.37                 COURT NO.5                SECTION II

                S U P R E M E C O U R T O F     I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)    No(s).    959/2025

[Arising out of impugned final judgment and order dated 17-09-2024
in CRLA No. 7574/2024 passed by the High Court of Judicature at
Allahabad]

MUSHTAQUE ALI Petitioner(s)

VERSUS

STATE OF U.P & ANR. Respondent(s)

Date : 02-02-2026 This petition was called on for hearing today.

CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

For Petitioner(s) Mr. Virendra Singh, Adv.

Mr. Varun Kapur, AOR

For Respondent(s) Ms. Ruchira Goel, AOR
Mr. Ajay Kumar Prajapati, Adv.

Mr. Neeraj Kumar Sharma, Adv.

Mr. Piyush Dwivedi, AOR

UPON hearing the counsel the Court made the following
O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(SWETA BALODI)                                  (POONAM VAID)
ASTT. REGISTRAR-cum-PS                        ASSISTANT REGISTRAR

(Signed order is placed on the file)