Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19897 of 2019 Petitioner :- Anil Kumar Pandey @ Ganesh Pandey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshmi Kant Pandey,Sunil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri L.K.Pandey, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 27.4.2019, registered as case crime No.147 of 2019, under Sections 323, 504, 506, 427 I.P.C. and 3(1) (Gha) SC/ST Act, Police Station Caubeypur, District Varanasi.
Though the FIR was registered against the petitioners under Sections 323, 504, 506, 427 I.P.C. but the same has also been lodged under Section 3(1) (Gha) SC/ST (Prevention of Atrocities) Act, 1989. In view of the provisions under Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989, the provisions of Section 438 of Code of Criminal Procedure does not apply to persons committing an offence under the said Act. Hence, the Court proceeds to hear the matter.
Learned counsel for the petitioners submits that the petitioners are innocent and has been falsely implicated in the present case due to oblique motive. He further submitted that the allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
((Raj Beer Singh,J. ) (Ramesh Sinha, J.) Order Date :- 26.7.2019/NS