Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19907 of 2019 Petitioner :- Gaurav Alias Ganga Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Madhu Ranjan Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri M.R. Pandey, learned counsel for the petitioner, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 12.6.2019, registered as case crime No.97 of 2019, under Sections 323, 452, 504 I.P.C. and 3(2) (va) of SC/ST Act, P.S. Sehramau Uttari, District Pilibhit.
Though the FIR was registered against the petitioners under Sections 323, 452, 504 I.P.C. but the same has also been lodged under Section 3(2) (va) SC/ST (Prevention of Atrocities) Act, 1989. In view of the provisions under Section 18 of the 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 petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to enmity. He further submitted that it is a case of no injury. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
With the above direction, this petition is finally disposed of.
((Raj Beer Singh,J. ) (Ramesh Sinha, J.) Order Date :- 26.7.2019/NS