Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19943 of 2019 Petitioner :- Shabbir And 6 Others Respondent :- State Of U.P. Thru. S.S.P., Bareilly And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the petitioners, Sri A.K. Saran, 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 11.3.2019 registered as case crime no.198 of 2019, under sections 147, 323, 504 IPC & Section 3(1)(Da)/3(1)(Dha) SC/ST Act, police station Izzatnagar, District Bareilly.
Though an FIR was registered against the petitioners u/s 147, 323, 504 IPC but the same has also been lodged under Section 3(1) (Da)/3 (1)(Dha) of SC and ST (Prevention of Atrocities) Act, 1989. 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 the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same 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.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 Neeraj