Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24174 of 2019 Petitioner :- Pramod Alias Bhai Sahab Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Shantam Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents no. 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 15.9.2019 registered as Case Crime No. 230 of 2019 at P.S. Dhanari, District Shambhal, U/s 354-B IPC, Section 3(2) (Va) of SC/ST (Prevention of Atrocities) Amendment Act, 2005.
The contention of the learned counsel for the petitioner is that though first information report was lodged against the petitioner but subsequently affidavit has been submitted exonerating him.
Be that as it may, as to whether the allegations are correct or false and whether affidavit is voluntary or obtained by fraud or coercion would have to be determined on the basis of the material collected during the course of investigation. Therefore, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case including the claim that the other side has submitted an affidavit, we deem it appropriate to dispose off the petition by providing that investigation of the above case shall continue and brought to its logical conclusion but till submission of police report under Section 173 (2) Cr.P.C, the petitioner shall not be arrested provided he cooperates in the investigation.
The petition is disposed off.
It is made clear that we have not expressed any opinion as to whether any affidavit in favour of the petitioner has been submitted by the other side.
Order Date :- 26.11.2019 Saurabh