Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 24240 of 2019 Petitioner :- Vijay Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Parmar,Sudhir Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri V.S. Parmar, learned counsel for the petitioner, Sri Awadhesh Kumar Shukla, learned counsel for the State and perused the material on record.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 01.08.2019 in respect of Crime No. 103 of 2019 for the offence under Sections 392, 506 of I.P.C. and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), P.S. Kotwali Dehat, District Banda.
Learned counsel for the petitioner submits that there was minor dispute between the petitioner and the complainant over keeping the soil in unwarranted area. He submits that taking advantage of his caste, the complainant has lodged the present FIR against the petitioner.
On the other hand, learned A.G.A. opposes the petition and submits that serious allegations have been levelled in the FIR and the same cannot be quashed.
Considering the nature of allegations levelled against the petitioner and the law laid down by Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006(56) ACC433), Satya Pal v. State of U.P. (2000 Cr.L.J. 569) and authority of Hon'ble Apex Court in the case of State of Haryana v. Bhajan Lal (AIR 1992 SC 604), we are of the view that F.I.R. cannot be quashed.
Petition has no substance and the same is, accordingly, dismissed at the admission stage itself.
Order Date :- 28.11.2019 RK/AV