Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3787 of 2021 Petitioner :- Man Singh Chauhan And Others Respondent :- State Of U.P And Others Counsel for Petitioner :- Devesh Kumar Shukla,Devesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The instant writ petition has been filed challenging the first information report dated 30.4.2021 registered as Case Crime No. 252 of 2021, under Sections 323, 504, 506, 427 I.P.C. and 3(1)(d) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, P.S. Ghosi, District- Mau, with further prayer to stay arrest of the petitioners during investigation.
The main allegation in the F.I.R. is that on 29.4.2021 at about 6:00 pm. the accused persons started beating the first informant because of election enmity. The fight took place in presence of the villagers wherein the first informant sustained injuries. It is also alleged that the accused persons hurled caste related abuses.
Learned counsel for the petitioners submitted that no offence is made out under Section 3(1)(d) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the offences under Indian Penal Code are triable by the court of Magistrate. He further submitted that there is no allegation that the first informant was garlanded with footwear or paraded naked or semi-naked as per the requirement under Clause- (d) of Section 3(1) of the Act.
Undoubtedly, there is a specific allegation of hurling caste related abuse to the first informant. The same is an offence under Clause- (s) of Section 3(1) of the Act. Thus in any case a cognizable offence is clearly disclosed as per the allegations made in the F.I.R. No case is made out to quash the first information report.
The petition is accordingly dismissed with liberty to the petitioners to apply for bail/anticipatory bail, as may be advised, in which event the same shall be decided without being prejudiced by any observation made by this Court.
(Gautam Chowdhary,J.) (Manoj Kumar Gupta,J.) Digitally signed by Manoj Kumar Gupta Date: 2021.05.26 14:58:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by JustiOce rGaduteamr Date :- 25.5.2021/Vandana Chowdhary Date: 2021.05.26 15:01:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad