Heard the learned counsel for the applicant and learned A.G.A. who has put in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Steps may be taken within seven days by registered post failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service.
It is submitted on behalf of the petitioner that as would be apparent from the perusal of the F.I.R. nowhere it is mentioned that the complainant was known to the petitioner from before. According to F.I.R. the petitioner suddenly came from behind in his vehicle and abused the opposite party no.2 by caste on account of this allegation section 3 (1) (X) S.C./S.T. Act has been slapped. It is said that in fact the allegation in respect of remaining sections i.e. 147, 323, 504, 506 I.P.C. are also baseless. In this regard it is pointed out that opposite party no.2 happens to be real cousin brother (Mausera bhai of one Shyam Sunder) who had earlier lodged a false F.I.R. of sections of similar nature against the applicant and the criminal proceedings emanating therefrom have already been stayed by this Court's order passed in Criminal Miscellaneous Case No.42 of 2010. It is said that the obvious object is to get money which is given in such cases if the charge-sheet is filed.
It appears to be an arguable case.
In view of the aforesaid facts and circumstances as an interim measure it is provided that till the pendency of this petition the proceedings arising out of Case Crime No.303 of 2009, under Sections 147, 323, 504, 506 I.P.C. and Section 3 (1) (X) S.C./S.T. Act, Police Station Pali, District Hardoi so far it relates to the applicant shall remain stayed.
Order Date :- 1.2.2010 PAL/