Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.
The challenge herein is to a First Information Report dated 04.05.2021 bearing Case Crime No. 0213 of 2021 alleging commission of an offence by the petitioners under Sections 323, 342, 504 I.P.C. and 3(1)(dha) of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 (Amendment, 2015), Police Station- Madiyanv, District- Lucknow.
The contention of learned counsel for petitioner is that petitioners are not named in the F.I.R. Secondly, the offence under Section SC/ST Act as alleged is not made out against petitioner no. 1, as, he is himself belongs to Scheduled Caste.
Be that as it may this can not be a ground for quashing the first information report. If it is found by the Investigating Officer that the petitioner no. 1 belongs to the Schedule Case and the offence alleged in the F.I.R. under the SC/ST Act is not made out, then, he shall do the needful and if the other offences as alleged attract a sentence of 7 or less than 7 years, then, the petitioner no. 1 would be entitled to the statutory protection under Section 41-A Cr.P.C.
However, as regards the petitioner no. 2, as of now, it can not be said at this stage that he would be entitled to such protection unless during investigation allegations are found to be false.
Subject to the above and on a bare perusal of the first information report it can not be said at this stage that no cognizable offence is made out, therefore, we dismiss the writ petition but without prejudice to the rights of the petitioners in the pending investigation and to avail such other remedies as may be permissible in law for seeking bail etc. Order Date :- 21.5.2021 R.K.P.