Allahabad High Court | Caste Glorification Termed ‘Anti-National’, Constitution the ‘Highest Patriotism’ | FIRs and Public Records to Exclude Caste References | Section 482 CrPC Plea in Liquor Smuggling Case Dismissed
Safiya Malik
The High Court of Judicature at Allahabad, Single Bench of Justice Vinod Diwakar dismissed a plea under Section 482 Cr.P.C. to quash criminal proceedings for liquor smuggling under the IPC and Excise Act, while delivering a landmark pronouncement on caste references in law enforcement. Strongly censuring caste glorification as “anti-national,” the Court directed the Uttar Pradesh Government to expunge caste details from FIRs, police documents, public records, vehicles, and signboards. Justice Diwakar stressed that true patriotism lies not in lineage but in adherence to the Constitution, issuing sweeping reforms alongside upholding the prosecution’s case.
The matter arose from an application filed under Section 482 of the Code of Criminal Procedure, 1973, by the applicant Praveen Chhetri. The prayer sought quashing of criminal proceedings in Case Crime No. 108 of 2023, registered at Police Station Jaswant Nagar, District Etawah, for offences under Sections 420, 467, 468, 471 of the Indian Penal Code, 1860, and Sections 60/63 of the Excise Act. The proceedings stemmed from the interception of vehicles allegedly carrying illicit liquor.
According to the record, on 29 April 2023, local police at Jaunai Farm police post conducted checks on instructions from senior officers. A black Scorpio vehicle was stopped, in which three individuals were seated. Upon search, mobile phones and cash were recovered from the occupants, including the applicant, who possessed ₹1,150 and an Apple mobile phone. The vehicle contained 70 bottles of “Royal Challenge Classic Premium Whisky – For Sale in Haryana Only” and 36 bottles of “Royal Stage Premium Whisky – For Sale in Haryana Only.” Fake number plates were also recovered.
During questioning, the occupants disclosed that another car, an Accent with registration HR-34-K-2257, was carrying additional liquor. This vehicle was intercepted, yielding 230 bottles of Royal Challenge and 24 bottles of Royal Stage whisky, along with number plates. The accused failed to produce any licence for transportation and allegedly admitted to smuggling liquor from Haryana to Bihar for profit. They identified the applicant as their leader.
The applicant contended that he was falsely implicated. He stated that he had travelled to Etawah for a family gathering following a relative’s death, and when unable to secure transport home late at night, he accepted a ride in the Scorpio. He argued that he was unaware of the liquor and unrelated to the co-passengers. He maintained that only minor personal items were recovered from him.
The State opposed the petition, relying on evidence from the search, seizure, recovery memos, and statements made during investigation. The statutory provisions invoked included offences of cheating and forgery under IPC and contraventions under the Excise Act.
The Court recorded that the Investigating Officer had mentioned the caste of the accused persons in the FIR and seizure memo. It stated that by order dated 3 March 2025, the Director General of Police was directed to file a personal affidavit justifying this practice.
Upon examining the affidavit, the Court observed: “Generally, police do not ask/disclose the caste of the accused either in the First Information Report or in the Recovery memo, but due to the reason that there could be several persons of the same name in the same village or area and as such, identification of the real accused has become very crucial task to the police and in such circumstances for avoiding any confusion in future, often police record caste.”
The Court recorded that on reviewing the statutory formats such as FIR, Crime Detail Form, Property Seizure Memo, Arrest Memo, and Final Report, there was no mandatory requirement to mention caste or religion for identification of accused. It stated: “In the first quarter of the 21st century, the police still rely on caste as a means of identification. It's unfortunate. This is particularly untenable when modern tools such as body cameras, mobile cameras, fingerprints, Aadhar cards, mobile numbers, and parental details (Mother and Father, both) are available.”
On the issue of constitutional principles, the Court cited prior rulings, including Indra Sawhney v. Union of India and State of Rajasthan v. Gautam s/o Mohanlal, observing that secularism is a basic feature of the Constitution and that “an accused has no caste or religion when the Court deals with the case.” The Court referred to Dr. B.R. Ambedkar’s words, “The castes are anti-national... They are anti-national also because they generate jealousy and antipathy between caste and caste. But we must overcome all these difficulties if we wish to become a nation in reality.”
Addressing the applicant’s plea for quashing, the Court recorded: “In the present case, upon perusal of the record and examination of the documents placed before the Court, it is prima facie established that the applicant was arrested on the spot… During the course of the investigation, it was further revealed that the applicant is the gang leader involved in the smuggling of liquor.”
It further stated: “Considering the nature of illegal smuggling of liquor across state borders for financial gain and applying the principles laid down in Bhajan Lal (supra), a prima-facie case is made out against the applicant. Therefore, no ground for quashing the impugned proceedings is made out.”
The Court directed, “In para-6, the name of the mother of the complainant/informant, along with the Father’s/Husband’s Name, shall be added in the Format of FIR.” It further ordered that, “In para-3, the name of the mother shall be added along with the name of the Father/Husband of the person who has shown the place of occurrence. Column No. 8 of para 5 shall be deleted from the format of the Crime Details Form.”
“Name of mother shall be added in para-5 & 6 of the Property Seizure Memo along with the name of Father/Husband.” It went on to require that, “In Para 6(1), the name of the mother of the accused shall be added along with the name of the Father’s/ Husband’s Name, whereas Para 6(9) and 6(10) shall be deleted from the Arrest/Court Surrender Memo.”
“In Para 8 (Kha), the name of the mother of the complainant/informant shall be added along with Father’s/Husband’s Name, and Para 10 (vii) shall stand deleted so far as the requirement of SC/ST/OBC is concerned from the Police Final Report. Likewise, similar changes shall be made in the paragraph. 11.”
“In brief, the entries, in paragraph and column pertaining to the requirement of caste or tribe shall stand deleted, whereas the Mother’s Name shall be added along with the name of father and husband in all the aforesaid FORMATS annexed with the counter affidavit filed by Director General of Police, UP.”
“The government shall issue an appropriate order to delete (erase) the same with immediate effect immediately after receipt of the copy of this order” with reference to caste columns on notice boards of police stations.
“Such signboards or proclamations must be removed forthwith, and strict measures should be taken to ensure that no such boards are erected or installed in the future. A formal regulation to this effect should be framed at the earliest by the competent authority.”
“Accordingly, the application under Section 482 Cr.P.C. is devoid of merit and is hereby dismissed, with the aforesaid directions to the Additional Chief Secretary (Home) and Director General of Police, Uttar Pradesh, to ensure compliance forthwith.”
Advocates Representing the Parties
For the Petitioner: Shri Prashant Sharma, Shri Surendra Pratap Singh, Advocates
For the Respondents: Shri Amrit Raj Chaurasiya, learned AGA
Case Title: Praveen Chhetri v. State of U.P. and Another
Neutral Citation: 2025: AHC: 165563
Case Number: Application U/S 482 No. 31545 of 2024
Bench: Justice Vinod Diwakar
