Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 24455 of 2019 Petitioner :- Shanti Devi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.K. Maurya I Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
The present petition has been filed with the prayer to quash the F.I.R. dated 06.11.2019, in Case Crime No. 0271 of 2019, under sections 323, 504, 506 IPC and section 3(1)(D) of Scheduled Castes and the Scheduled Tribers (Prevention of Atrocities) Act, 1989, P.S. Lohata, District Varanasi.
Contention is that the allegation in the FIR is a result of party- bandi, in view of the forthcoming Gram Pradhan election. None of the allegation in the FIR could make out the offence under Section 3(1)(D) of Scheduled Castes and the Scheduled Tribers (Prevention of Atrocities) Act, 1989.
Looking to the allegations made in the FIR, this Court does not find any reason to quash the FIR. However, it is provided that the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not make any effort to influence any witness.
The writ petition is disposed of accordingly.
Order Date :- 28.11.2019 Bhanu