Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20670 of 2019 Petitioner :- Guddu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Srivastava,Shweta Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Sri A.K. Srivastava, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 20.03.2019 in respect of Crime No. 225 of 2019 for the offence under Sections 147, 148, 323, 354, 504 & 506 of IPC read with Sections 3(1)(Da) & 3(1)(Dha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015), P.S. Highway, District Mathura.
Learned counsel for the petitioner submits that present is a case where apparently provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been misused. It has been argued that a very improbable story has been put forth by the prosecution and it is not the case of the complainant that because he belongs to a particular caste, the entire act has been committed by the petitioners and further the petitioner no.4-Rohit is minor and even he too has been implicated. Learned counsel further submits that as the offence under the provisions of the SC/ST Act has been registered against the petitioners, they are precluded from filing anticipatory bail.
Learned counsel for the petitioners submits that he may be permitted to withdraw this writ petition so far as quashment of the proceedings is concerned and direction may be issued to the trial court to decide the regular bail application to be filed by the petitioners on the same day or at least by the next date.
Learned A.G.A. has no objection so far as withdrawal of the writ petition is concerned. He, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
The petition is disposed of as withdrawn permitting the petitioners to file regular bail application before the trial court.
Needless to state that in the eventuality of filing regular bail application by the petitioners before the trial court, the trial court shall consider all the aspects of the case and pass order expeditiously in accordance with law.
Order Date :- 22.8.2019 RK