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2020 DIGILAW 465 (ALL)

Ram Sahai Alias Dhamal v. State of U. P.

2020-02-11

B.AMIT STHALEKAR, RAVI NATH TILHARI

body2020
JUDGMENT : 1. Heard the learned counsel for the petitioners and the learned A.G.A. for the State. 2. The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 07.01.2020, registered as Case Crime No.0003 of 2020, under Sections 147, 323, 504, 506, 427 of I.P.C. and 3(1)w (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989 (hereinafter referred to as "the Act"), Police Station Belhar Kala, District Sant Kabir Nagar with a further prayer not to arrest them in pursuance of the said F.I.R. 3. As per the F.I.R, on 9.9.2019 the informant, who is Pradhan of village Jhudiya Police Station Belhar Kala, District Sant Kabir Nagar and belongs to Scheduled Caste, was getting constructed village road by laying interlocking bricks. At 2-30 P.M. on the date of incident, the petitioners came on the spot and beat the informant and the workers as well as removed the already laid interlocking bricks which amounts to interference in the Government work. They also abused by hurling invectives in the name of caste. 4. The submission of the learned counsel for the petitioners is that due to village party bandi, the informant has lodged the first information report by taking recourse to Section 156(3) of Cr.P.C. Hence, the impugned F.I.R. is liable to be quashed. 5. Per contra learned A.G.A. contended that the allegations made in the F.I.R. cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations. 6. From perusal of the F.I.R., prima facie cognizable offences are made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused. 7. However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation. 8. With the above direction, this petition is finally disposed of.