Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19934 of 2019 Petitioner :- Rajesh Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Ojha,Rajiv Lochan Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the petitioner and Sri A.R. Chaurasia, 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 petitioners with a prayer to quash the F.I.R. dated 07.07.2019 registered as case crime no./ FIR no.260 of 2019, under Sections 307, 323, 504 IPC and Section 3(2)(V) of SC/ST Act, Police Station Korawali, District Mainpuri.
Though the FIR was registered against the petitioners under Sections 307, 323, 504 IPC but the same has also been lodged under Section 3(2)(V) of 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 petitioners submits that the petitioner is S.H.O. of Bichwan police station, District Mainpuri. He states that the respondent no.4 had called the police by dialing 100 to which the petitioner reached at the spot and it was alleged that the wife of the petitioner was kidnapped and there appears to be some altercation which took place between the petitioner and the respondent no.4 and that the injuries sustained by the injured are simple in nature. It was also stated that the incident had occurred within the jurisdiction of P.S. Korawali and the said police station was not within the jurisdiction of petitioner. It was submitted that the petitioner has been falsely implicated in the present case by lodging fake FIR, hence the present FIR 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 subject to the condition that if there is any injured, who received injuries in the present case, the present order granting interim protection to the petitioner shall automatically stands discharged.
The petitioner is directed to produce a copy of this order before the S.S.P. Agra within ten days' from today, who shall verify the said fact from the Investigating Officer concerned.
In case, the petitioner fail to produce a copy of this order before the S.S.P. concerned within the aforesaid period, the present order granting interim protection to the petitioners shall automatically stands discharged.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 A. Tripathi