Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19901 of 2019 Petitioner :- Udai Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babul Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Supplementary affidavit has been filed today, which is taken on record.
Heard Sri Babul Kumar Sharma, learned counsel for the petitioner, Sri A.R. Chaurasia, learned A.G.A. for the State 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 02.7.2019, registered as case crime no. 0243 of 2019, under sections 452, 323, 504, 506, 306 IPC and 3(2)(V) SC/ST Act, P.S. Prem Nagar, District Jhansi.
Though the FIR was registered against the petitioners under Sections 452, 323, 504, 506, 306 IPC but the same has also been lodged under Sections 3(2)(V) SC/ST Act. In view of the provisions under Section 18 of the 3(2)(V) of SC/ST, 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 petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass him. He further submits that the deceased was habitual drunker and had committed suicide and that as per the postmortem report it appears that one single legature mark was found on his person. He also submits that viscera has been preserved for examination and that the matter has been settled between the parties, hence the same is liable to be quashed by this Court.
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 subject to the condition that if there is any injured, who received injuries in the present case, the present order granting interim protection to the petitioner shall automatically stands discharged.
The petitioner is directed to produce a copy of this order before the S.S.P. Jhansi within ten days' from today, who shall verify the said fact from the Investigating Officer concerned.
In case, the petitioner fail to produce a copy of this order before the S.S.P. concerned within the aforesaid period, the present order granting interim protection to the petitioner shall automatically stands discharged.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 A. Tripathi