Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16212 of 2019 Petitioner :- Farman @ Kallu And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Anurag Dubey, learned counsel for the petitioner, Sri A.R. Chaurasia, 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 09.05.2019 registered as case crime no. 192 of 2019, under sections 376, 354, 323, 504 and 506 of IPC and 3(2)(V) of SC/ST (Prevention of Atrocities) Act 1989, P.S. Bhongaon, District Mainpuri.
Though the FIR was registered against the petitioners under Sections 376, 354, 323, 504 and 506 I.P.C. but the same has also been lodged under Sections 3(2)(V) of SC/ST (Prevention of Atrocities) Act 1989. In view of the provisions under Section 18 of the 3(2)(V) of 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 the petitioners have been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass them. Though it is a case of no injury as the complainant has received no injury, 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 petitioners shall automatically stands discharged.
The petitioners are directed to produce a copy of this order before the S.S.P. Mainpuri within ten days' from today, who shall verify the said fact from the Investigating Officer concerned.
In case, the petitioners fail to produce a copy of this order before the S.S.P. concerned within the aforesaid period, the present order granting interim protection to the petitioners shall automatically stands discharged.
With the above direction this petition is finally disposed of. (Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 A. Tripathi