Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 407 of 2019 Petitioner :- Shahnazar And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ruby Choudhary Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, Sri Deepak Mishra, learned AGA for the State-respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 14.12.2018 registered as Case Crime No. 0410 of 2018, under Sections 147,452,323,504,506 IPC and Section 3(1)(r), 3(2)(va) of the Scheduled Caste and The Scheduled Tribe (Prevention of Atrocities) Act, 1989 at P.S. Falawada, District Meerut.
The FIR alleges that the accused persons attacked Anil, who was saved by the informant and brought to informant's home, but the accused party, thereafter, entered the house of the informant and assaulted the informant with iron rod, etc and also hurled caste related abuses. It is alleged that the informant has suffered several injuries.
On 10.1.2019, we had required the learned AGA to seek instructions from the Police Station concerned and produce the injury report.
Sri Deepak Mishra, learned AGA, on the basis of the instructions, submitted that in so far as the petitioner nos. 3 to 7 are concerned, the police had closed the investigation against them, under Section 169 Cr.P.C., and in so far as the petitioner nos. 1 and 2 are concerned, the investigation is pending as against them. He has also produced copy of the injury report of Hari Ram (informant), which suggests that he has suffered an abraded contusion 2 cm X 2 cm on middle and top of skull. Apart from the above solitary injury, there is no injury sustained by Hari Ram and the said injury is said to be simple in nature.
Learned counsel for the petitioners has submitted that from the nature of the injuries sustained by the informant, it appears that the allegations in the FIR, which are against several accused persons, appears to be highly exaggerated and, therefore, the petitioners are entitled to protection during course of investigation.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the claim of either party, we deem it appropriate to dispose off this writ petition with direction that investigation shall be brought to its logical conclusion but till submission of police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested in the aforesaid case.
The writ petition is disposed off.
Order Date :- 21.1.2019 RavindraKSingh