Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24205 of 2019 Petitioner :- Raj Kapoor Sharma And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Deo Mishra,Bipin Kumar Rao,Shri Ram (Rawat) Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent Nos. 1 and 2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 1.2.2019, registered as Case Crime No. 221 of 2019, under Sections 323, 504, 506 I.P.C. and Section 3(1)(D) DHA (E) of the SC/ST Act at P.S. Tarkulwa, District- Deoria.
The contention of the learned counsel for the petitioners is that the offences disclosed by the impugned First Information Report are not cognizable in nature inasmuch as offence punishable under the S.C./S.T. Act, is not made out.
We have perused the First Information Report.
From the First Information Report, it appears that the charge of an offence punishable under the S.C./S.T. Act has been added only because the victim has produced a caste related certificate disclosing that she belongs to scheduled caste community.
It has not been alleged in the First Information Report that the accused were aware of the caste of the victim. However, that cannot be a ground to quash the charge under the S.C./S.T. Act at this stage because it is well settled that an F.I.R. need not be an encyclopedia of all the facts and allegations and, therefore, material can be collected during investigation.
However, looking into facts and circumstances of the case, 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 the petitioners shall not be arrested in the above case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 28.11.2019/SY