Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19838 of 2019 Petitioner :- Mahendra Kewat And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Kishor Singh,Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Brij Kishor Singh, learned counsel for the petitioner, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 23.6.2019 registered as case crime no. 0136 of 2019 under sections 354 kha, 323, 504, 506 I.P.C. and 3(2)(va) SC/ST Act, police station Shohratgarh, District Siddharth Nagar.
Though an FIR was registered against the petitioners under Section 354 kha, 323, 504, 506 I.P.C. but the same has also been lodged under Section 3(2)(va) SC/ST Act. In view of the provisions under Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989, the provisions of Section 438 of Code of Criminal Procedure does not apply to persons committing an offence under the said Act. Hence the Court proceeds to hear the matter.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Deepika