Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1435 of 2019 Petitioner :- Akhileshwar Pati Tripathi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhay Kant Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Counsel for the petitioners is permitted to make necessary corrections in the writ petition.
Heard Sri Abhay Kant Upadhyay for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 27.12.2018 (registered as Case Crime No. 0342 of 2018), u/s 323, 504 & 506 I.P.C. & Section 3(1)(x) and 3(1)(xi) of SC/ST Act, P.S. Vindhyachal, district Mirzapur.
In substance, allegation made in the F.I.R. is that on 27.12.2018 at 10:30 a.m., when the informant was getting the drainage repaired, then the accused came there and assaulted his mother Smt. Shakuntala Devi and also hurled abuses in the name of caste.
Counsel for the petitioners submits that this F.I.R. has been falsely lodged in order to mount pressure upon the petitioners, as Akhileshwar Pati Tripathi, petitioner-1, had already lodged an F.I.R. of Case Crime No. 0341 of 2018, u/s 323, 504, 506 I.P.C., against Manoj Sonkar and Smt. Shakuntala Devi.
In the facts of the case, the writ petition is disposed of with direction that the petitioner shall not be arrested in pursuance of F.I.R. dated 27.12.2018 (registered as Case Crime No. 0342 of 2018), u/s 323, 504 & 506 I.P.C. & Section 3(1)(x) and 3(1)(xi) of SC/ST Act, P.S. Vindhyachal, district Mirzapur, till the submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
Order Date :- 21.1.2019 Jaideep/-