Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19831 of 2019 Petitioner :- Smt. Rina And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Vishvakarma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Arun Kumar Vishvakarma, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 21.6.2019 registered as Case Crime No. 0197 of 2019, under Sections 363, 366 I.P.C. 1860 and Section 3(2)(v) SC/ST Act, police station Chhata, District Mathura.
Though an FIR was registered against the petitioners under Section 363, 366 I.P.C. 1860 but the same has also been lodged under Section 3(2)(v) 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 petitioner submits that as per Adhar Card, the victim i.e. petitioner no.1 is major, aged about 18 years.
Learned AGA opposed the prayer for quashing of the FIR and submitted that as per FIR the victim is aged about 16 years.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Deepika