Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20117 of 2018 Petitioner :- Brijpal Kharwar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Singh,Pushkar Kushwaha Counsel for Respondent :- G.A.,Ajay Kumar
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 10.07.2018 registered as case crime no.61 of 2018 under sections 354kha, 504, 506, 452, 427 I.P.C., Police station Kandawa, District Chandauli.
Learned counsel for the petitioners submits that the petitioners are real brothers and petitioner no.1 is an employee in UPSRTC, petitioner no.2 is Assistant Teacher and petitioner no.3 is Village Pradhan. It is further submitted that husband of respondent no.3 along with other villagers had made a complaint regarding the caste of the petitioners that they did not belong to SC/ST which was inquired into and it was confirmed that the petitioners belong to Schedule Caste.
Learned A.G.A. opposed the prayer for quashing of the FIR and submitted that the petitioners forcibly entered the house of respondent no.3 and when she protested, the petitioners torn her clothes and tried to outrage the modesty of respondent no.3 and her two minor daughters.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
It is made clear that S.P. Chandauli shall ensure that respondent no.3 and his family members may not be harassed by the petitioners failing which, the interim protection shall stand automatically discharged.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Madhurima