Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4646 of 2019 Petitioner :- Sundeep Kumar Dutta Respondent :- State Of U.P. And Another Counsel for Petitioner :- Satish Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Sri Navin Sinha, Senior Counsel, assisted by Sri Satish Chaturvedi, learned counsel for the petitioner, Sri Rajesh Kumar, learned counsel for respondent no. 3 and Sri Amit Sinha, learned A.G.A. for the State-respondents.
According to petitioner, respondent no. 3, Virendra Kumar Singh is a subordinate officer to the petitioner and two co- accused, namely, Rajiv Singh Gautam and Pramod Kumar Mishra. Certain departmental action has been taken against respondent no. 3 and as incidentally, he belongs to schedule caste, he started blackmailing and threatening the superior officers. The present report is nothing but misuse to the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. It has been argued that in the case of two accused persons notices have been issued and interim protection have also been granted.
Considering the facts and circumstances of the case, the present petition is also entertained, respondents are directed to file their counter affidavit, if so desire, within three weeks.
Till the next date of hearing, no coercive steps shall be taken against the petitioner pursuant to crime no. 0083 of 2019, under Sections 504, 506 of IPC read with Section 3(1)(Da) and 3(1) (Dha) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station (Thana) Hari Parvat, District Agra.
List this case along with Criminal Misc. Writ Petition Nos. 4558 of 2019 and 4569 of 2019 before the appropriate Bench after obtaining nomination from Hon'ble The Chief Justice.
Order Date :- 22.2.2019 AKK/Anand