Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 37003 of 2018 Petitioner :- Radhe @ Radhe Shyam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the respondent nos. 1 & 2.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 27.11.2018 in respect of Case Crime No. 0329 of 2018 for the offence under Sections 323, 504, 506 I.P.C. and Section 3(1)(b) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989, P.S. S.M. South, District Shahjahanpur.
Learned counsel for the petitioners submits that petitioner no. 1 is Gram Pradhan whereas petitioner no. 2 is his son and as both the petitioners enjoy very good reputation in the village, they have been falsely implicated. Learned counsel submits that even in the FIR, no allegation whatsoever has been made by the complainant that he has been abused in the name of his caste. Considering this aspect of the case, offence under the provisions of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is not made out against the petitioners. Lastly it has been argued that if the petitioners are arrested, they would suffer irreparable loss.
Learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 19.12.2018/S.K.