Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1425 of 2019 Petitioner :- Seema Kesharwani And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vimal Kumar Dwivedi Counsel for Respondent :- G.A.,Rashmi Srivastava
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vimal Kumar Dwivedi , counsel for the petitioners, Ms. Rashmi Srivastava, counsel for the respondent no.3 and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 22.12.2018 registered as case crime no. 374 of 2018 under Sections 323, 504, 506 I.P.C., and Section 3(2)(va) S.C./ST Act, Police Station -Muthignj, District Prayagraj.
In the F.I.R., it has been stated that on 14.9.2018 at 9.00 am, when the informant tried to connect the Tullu Pump from the pipe then the accused Seema Kesharwani threw water on the stairs due to which informant slipped and fell down. When the informant made query as to who threw water on the stairs then the accused began to abuse the informant using caste.
Counsel for the petitioners submits that F.I.R. has been filed in order to make pressure on the petitioners for the reasons that for the incident dated 16.9.2018, Seema Kesharwani lodged F.I.R. dated 25.9.2018 registered as case crime no. 282 of 2018 under sections 452,354(a),506,323,504 and 34 I.P.C. against Ramesh, Suresh and Deepu.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioners shall not be arrested in case crime no. 374 of 2018 under Sections 323,504,506 I.P.C., and Section 3(2)(va) S.C./ST Act, Police Station -Muthignj, District Prayagraj till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 21.1.2019 aks