Mithan Singh And 3 Others vs State Of U.P. And 2 Others
2019 Latest Caselaw 6359 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 20151 of 2019
 

 
Petitioner :- Mithan Singh And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manoj Vashisth
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri Manoj Vashisth, learned counsel for the petitioners, Sri A.K. Sand, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.

This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 31.5.2019 registered as FIR no. 364 of 2019, under Sections 452, 504, 506, 427, 323, 354-B IPC and Section 3(2)(va) SC/ST Act, P.S. Partapur, District Meerut.

Though an FIR was registered against the petitioners under Sections 452, 504, 506, 427, 323, 354-B IPC but the same has also been lodged under Section 3(2)(va) SC/ST Act. 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.

It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 roping in the entire family of petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 to 4 hence the impugned FIR is liable to be quashed.

Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.

After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 4 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.

With this direction, this petition is finally disposed of.

(Raj Beer Singh, J.) (Ramesh Sinha, J.)

Order Date :- 1.8.2019

Deepika