Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3843 of 2021 Petitioner :- Kunwar Tej Bhanu Singh @ Prince And 3 Ors.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Gupta,Narendra Giri Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.73 of 2021, under Sections 147, 323 IPC & Section 3(2)(va) S.C./S.T. Act, P.S.
Phaphamau, District Prayagraj, with a further prayer to stay their arrest during pendency of investigation of the said case.
According to the F.I.R. version, the first informant saw Sandeep Patel, his friend being beaten by Brij Bhan and his sons and thereafter thrown in a pond. When the first informant along with others went to save him, Brij Mangal Singh and members of his family attacked the first informant and others with lathi and bricks. It is also alleged that Brij Bhan and Brij Mangal are of same caste and it is for the said reason they had badly beaten the first informant and his cousin Ranjit. At the foot of the F.I.R., the name of the persons who had beaten the first informant and his brother has been disclosed, which includes the name of the petitioners as well.
The submission of learned counsel for the petitioners is that there is no specific allegation against the petitioners nor any role has been assigned to them. He further submitted that the ingredients of offence under Section 3 of the S.C/S.T. Act are not made out.
As noted above, there are specific allegations that the first informant and his brother were badly beaten by the petitioners and other members of their family. It is also alleged that both of them belongs to different caste and this was the main reason why the first informant was attacked. It is not disputed before us that the first informant belongs to schedule caste. The alleged involvement of the petitioners and their role is a matter to be investigated. In exercise of writ jurisdiction, it is not a fit case for quashing of the F.I.R.
The writ petition is accordingly dismissed with liberty to the petitioners to apply for bail/anticipatory bail, as may be advised or maintainable and in case any bail application is filed, the same shall be decided expeditiously without being influenced by any observation made in the instant order.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.5.2021 SL Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 13:59:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 14:00:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad