Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No.903 of 2009 under Sections 323/506/336/332 IPC and under Section 3(1) (X) SC/ST Act, Police Station Kotwali Nagar, District Pratapgarh.
Arguments advanced by the learned counsel for the petitioner is that from mere reading of the FIR, it cannot be said that any offence under Section 3(1) ((X) SC/ST Act is made out. We find some substance in the arguments of the learned counsel for the petitioner that while lodging the FIR under Section 3(1) (X) SC/ST Act, allegations of that section do not exist. In any case, since provisions of other sections of I.P.C. are attracted and disclose commission of cognizable offence, as such the FIR cannot be quashed.
The writ petition is misconceived and is accordingly dismissed. However, it is provided that if the petitioner surrenders and moves application for bail, the same shall be considered and disposed of by the courts below expeditiously, ignoring Section 3(1) (X) of SC/ST Act.
Order Date :- 19.1.2010 Tripathi