Allahabad High Court
Santosh Sachan And 2 Others vs State Of U.P. And 2 Others on 1 August, 2019
Bench: Ramesh Sinha, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20196 of 2019
Petitioner :- Santosh Sachan And 2 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Anil Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Heard Sri Anil Kumar Singh, learned counsel for the petitioners, Sri G.P. Singh, 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 petitioners with a prayer to quash the F.I.R. dated 17.07.2019, registered as case crime no. 168 of 2019, under sections 147,447,427,323, 504, 506, 380, 354, 307 I.P.C. and 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989, police station Gajner, district Kanpur Dehat.
Though the FIR was registered against the petitioners under Sections 147, 427, 323, 504, 506, 380, 354 I.P.C. but the same has also been lodged under Sections 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) I.P.C. In view of the provisions under Section 18 of the 3(2) (va) of 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 civil suit is pending between the parties and the respondent no.3 applied for injunction which was rejected and no injunction order was passed and construction which has been raised by the respondent no.3 was ordered to be demolished by the order of S.D.M. He submits that the respondent no.3, just to harass the petitioner, lodged two First Information Reports against the petitioners, one is present one, which has been registered on 17.07.2019 against the petitioners for the incident on 17.04.2019. He submits that just after one day of the incident another FIR has been registered against the petitioners on 16.07.2019. He further submits that from the perusal of present FIR, it appears that it has been registered on 17.07.2019, in which offence under Section 354 and 307 IPC was added showing the incident dated 17.04.2019, just to give a serious colour to the incident. He also submits that the injuries sustained by the victim are simple in nature, 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 any grievous injuries in the present case, the present order granting interim protection to the petitioners shall automatically stands discharged.
The petitioners are directed to produce a copy of this order before the S.S.P. Kanpur Dehat within ten days' from today, who shall verify the said fact from the Investigating Officer concerned.
In case, the petitioners 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 petitioners shall automatically stands discharged.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 1.8.2019
A. Tripathi
