Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 11 of 2010, under Sections 323, 504 and 506 IPC read with Sections 3(1) (X) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, police station Malihabad, District Lucknow.
We have gone through the FIR.
It is argued by the learned counsel for the petitioners that from a bare reading of the FIR it cannot be said that offence under Sections 3(1) (X) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act is made out against the petitioners. It is further argued that the FIR has been lodged with ulterior motive and the allegations levelled therein are trivial in nature and, as such, no reliance can be placed on it at this juncture . We, while going through the FIR, find force in the argument advanced by the learned counsel for the petitioners.
Accordingly, we dispose of the writ petition finally with a direction that unless and until report under Section 169/173 Cr.P.C. is forwarded by the police personnel, the petitioners shall not be arrested in the aforesaid case crime number.
However, investigation shall go on and the petitioners shall cooperate with the same.
Order Date :- 21.1.2010 Chauhan/-