Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21870 of 2019 Petitioner :- Brijesh Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Ranjan Mishra,Gopal Swarup Chaturvedi(Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Gopal Swarup Chaturvedi, learned Senior counsel for the petitioner and Shri I.P.S.Rajpoot, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 5.9.2019 registered as Case Crime No.270 of 2019 under sections 323, 504, 506 I.P.C. and Section 3(2)(va) of the Scheduled Castes & The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended in 2015), PS. Pallavpuram, District Meerut.
Learned counsel for the petitioner states that petitioner is General Manager (H.R.) in M/s Continental India Private Limited, FIR is malafidely motivated inasmuch as the same has been lodged at the behest of a local politician with a view to extract employment, coupled with the facts that no offence is made out under section 3(2)(v) of SC/ST Act as the verbal abuse had taken place in a private chamber of the petitioner, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019 Rk