Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19889 of 2019 Petitioner :- Tasvvar And 5 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ranjeet Asthana Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ranjeet Asthana, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 8.73.2019 registered as case crime no. 0060 of 2019 under sections 147, 323, 307, 452, 504, 420, 506 I.P.C. and Section 3(1)(i), 3(1)(j) of SC/ST Prevention Act, 1989 (Amended 2015), police station Garipukhata, District Shamli.
Though an FIR was registered against the petitioners under Sections 147, 323, 307, 452, 504, 420, 506 I.P.C. but the same has also been lodged under Section 3(1)(i), 3(1)(j) of SC/ST Prevention Act, 1989. In view of the provisions under Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989, the provisions of Section 438 of Code of Criminal Procedure does not apply to persons committing an offence under the said Act. Hence the Court proceeds to hear the matter.
Learned counsel for the petitioners submits that though the F.I.R. of the present case was registered under section 307 I.P.C. but it is a case of no injury, the said fact has been mentioned in para-9 of the present petition.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Deepika