Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19805 of 2019 Petitioner :- Ankur And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prakash Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ram Prakash, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 25.6.2019, registered as Case Crime No.264 of 2019, u/s 452, 323, 504, 506 IPC and 3(2)(V) of SC/ST Act, P.S. Sachendi, district Kanpur Nagar.
Though an FIR was registered against the petitioners u/s 452, 323, 504, 506 IPC but the same has also been lodged under Section 3(2)(V) of SC and 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 there is no any independent eye-witnesses in the present case. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 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 :- 25.7.2019 Gaurav