Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3013 of 2021 Petitioner :- Dharmendra Kumar Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamla Singh,Vijay Shanker Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed for the following reliefs :
"Issue a writ, order or direction in the nature of certiorari for quashing the impugned first information report dated 20.03.2021 lodged by the respondent no.3, under Sections 323, 504, 506 I.P.C. and 3(1)(da) SC/ST Act, which is registered as a Case Crime No.40 of 2021, Police Station Dhanapur, district Chandauli.
Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.1 and 2 not to arrest the petitioners in pursuance of the impugned first information report dated 20.03.2021 lodged by the respondent no.3, Under Sections 323, 504, 506 I.P.C. and 3 (1)(da) SC/ST Act, which is registered as a Case Crime No.40 of 2021, Police Station Dhanapur, district Chandauli."
Learned counsel for the petitioners submitted that all the alleged offences are punishable below seven years and specifically she has made assertion that no offence under SC/ST Act is made out against the petitioners as the first information report does not discloses actually words, which were uttered by the petitioners against the respondent in public eye with the intention to make disrepute to the respondent.
Learned A.G.A. has vehemently opposed the prayer.
However, considering the submissions made by learned counsel for the petitioners and the nature of allegations made in the first information report, we dispose of this writ petition with a direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C. or credible evidence is collected.
With this observation, the writ petition stands disposed of.
Order Date :- 11.5.2021 R./