Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19572 of 2019 Petitioner :- Arvind Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijai Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Short counter affidavit filed in Court today, is taken on record.
Heard Sri Vijai Kumar Tiwari, learned counsel for the petitioner, Sri Jai Narain, 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 by the petitioner with a prayer to quash the F.I.R. dated 30.06.2019 registered as case crime no. 0315 of 2019 under sections 147, 148, 364, 452, 323, 504 I.P.C. and Sections 3 (1) (Da), 3(1) (Dha), 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act, police station Bhojipura, District Bareilly.
Though the FIR was registered against the petitioner under Sections 147, 148, 364, 452, 323, 504 I.P.C. and Sections 3 (1) (Da), 3(1) (Dha), 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act, in view of the provisions under Section 18 of the SC/ST Act (Prevention of Atrocities) Act, 1989, the provisions of Section 438 of the Code of Criminal Procedure does not apply to a person committing an offence under the said Act. Hence, the Court proceeds to hear the matter.
Learned counsel for the petitioner submits that the victim Sonam is living with the petitioner and she happens to be the wife of respondent no. 3. He further submits that the victim is a major girl and she had gone out of her own sweet will with the petitioner and the petitioner has been falsely implicated in the present case by the first informant levelling false and frivolous allegations just to harass them and hence, the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case subject to the condition that if there is any injured, who received injuries in the present case, the present order granting interim protection to the petitioner shall automatically stands discharged.
The petitioner is directed to produce a copy of this order before the concerned S.S.P./S.P. within ten days' from today, who shall verify the said fact from the Investigating Officer concerned.
In case, the petitioner fails to produce a copy of this order before the S.S.P./S.P. concerned within the aforesaid period, the present order granting interim protection to the petitioner shall automatically stands discharged.
With the above direction this petition is finally disposed of.
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(Raj Beer Singh,J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Anand