HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 43
Case :- CRIMINAL MISC. WRIT PETITION No. – 21845 of 2019
Petitioner :- Shri Prasad
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Kamlesh Kumar Tiwari
Counsel for Respondent :- G.A.
Hon’ble Pankaj Naqvi,J.
Hon’ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 13.8.2019 registered as Case Crime No.0113 of 2019 under Sectionsection 354 I.P.C and Section 3(2)(Va) of SC/SectionST Act P.S. Tahrauli District Jhansi.
Learned counsel for the petitioner submits that on the allegations made in the FIR, no offence under Section 3(2)(Va) of ST/SC Act is made out, as there is no use of caste abusive words by the petitioner, it is malafidely motivated, coupled with the fact the victim is a habitual complainant, from a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 25.9.2019