Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3068 of 2021 Petitioner :- Sanjog @ Pushpendra Yadav @ Posey Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Mani Singh,Praveen Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Shri Lal Mani Singh, learned counsel for the petitioners and learned AGA for the State.
Issue notice to the private respondents.
Looking to the allegations, it appears that there was some previous litigation in which the statement of the victim under Section 164 was already recorded and the alleged victim who is daughter of the present complainant has not supported the prosecution version. This second case was falsely lodged against the present petitioner by the complainant who is father of alleged victim to put pressure on the present petitioner We are satisfied that prima facie the complaint is abuse of process of law under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Hence, we stay the arrest in the interregnum period.
List on 2nd August, 2021.
It goes without saying that we have not stayed the investigation.
Order Date :- 13.5.2021 /A.N. Mishra