Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6120 of 2021 Petitioner :- Harveer And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Yaseen Counsel for Respondent :- G.A.,Rajesh Kumar Tiwari
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard the learned counsel for petitioners, learned A.G.A for the State, Sri Rajesh Kumar Tiwari for the complainant and perused the record.
By means of the present petition, the petitioners herein seek for quashing of the first information report dated 15.06.2021, in case crime no. 277 of 2021, under Sections 147, 148, 504, 323, 452, 354, 427 I.PC. and 3(2) (Va) SC/ST Act and Sections 354- B and 506 I.P.C. police station Chhatari, District Bulandshahar.
The contention of the learned counsel for petitioners herein, (who are 11 in number) based on the averments made in the supplementary affidavit is that all the petitioners belong to Scheduled Castes and therefore, the allegations of commission of the offence under the SC/ST Act, 1989 are not made out.
With regard to the submission, it is kept open for the petitioners to ventilate the said issue before the Investigating Officer who shall make an appropriate enquiry in this regard.
As regard the contention of the learned counsel for the petitioners that the first information report has been lodged as a counterblast to the dispute raised by them with regard to Kharanja and Nali, we may note that the cross reports have been lodged by both the parties. The said occurrence of the incident, thus, is not disputed. It is not possible for us to ascertain as to who was the aggressor of the crime or the petitioners herein, are innocent.
From the allegations in the first information report, it cannot be said that it does not disclose the commission of cognizable offence.
However, as regard to the arrest of the petitioners herein, if they are able to demonstrate before the Investigating Officer that they all belong to scheduled caste, it will be open for the Investigating Officer to take reference of the provisions of Section 41-A of the Code of Criminal Procedure while making arrest of the petitioners herein.
In case of any effort of the petitioners or the rival parties to avoid or stall the investigation, it would be open for the Investigating Officer to take necessary steps strictly in accordance with law to bring the investigation to its logical conclusion.
Subject to the above observations, the writ petition is disposed of.
Order Date :- 23.9.2021 Gss