Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3005 of 2021 Petitioner :- Kullu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Sushil Kumar Pandey and Sri N.K.Srivastava, learned A.G.A. for the State through video conferencing.
The petitioner has filed this writ petition alleging quashment of the the FIR dated 03.11.2020 in Case Crime No. 186 of 2020, under Sections 323, 504, 506 I.P.C. and Section 3(I) (Da) (Dha) of S.C./S.T. Act, Police Station Mahawan, District Mathura.
In the FIR, it is stated by the complainant that on 02.11.2020, when he was going to the shop from his house, the petitioner came out, started abusing him and even abused his caste. Unfortunately, the FIR does not show how the incident had occurred.
The fact as conveyed in the petition is that during pendamic the petitioner had asked the complainant not to spit outside his house and there seems to be some altercation between the parties, the petitioner shall not be arrested.
We are convinced that investigation may go on. However, looking to the averments and the judgment of the Apex Court in Niharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others, LL 2021 SC 211 and factual data looking to the Apex Court judgment in Hitesh Verma and The State of Uttarakhand and another in Criminal Appeal No.707 of 2020, investigation may be necessary for the sections of I.P. Code which are attached with it Section 41 (A) of Cr.P. Code would be applicable.
Till the investigation is over, the petitioner shall not be arrested in Case Crime No. 186 of 2020 under Sections 323, 504, 506 I.P.C. and Section 3(I) (Da) (Dha) of S.C./S.T. Act, Police Station Mahawan, District Mathura.
With these observations, this petition is disposed of.
Order Date :- 13.5.2021 Ashish Pd.