This thin order disposes of a writ petition seeking quashing of an FIR and directions against arrest. The court observed that if petitioners are Scheduled Caste, relevant SC/ST Act charges do not apply. Without expressing an opinion on merits, it merely advised petitioners to seek bail/anticipatory bail.
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Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 16414 of 2020 Petitioner :- Kamala Devi And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chand,Vindeshwari Prasad Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A. for the Staterespondents.
This writ petition has been filed, praying for the following relief.
(i)" Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.10.2020 , registered as Case Crime No. 121 of 2020 , under Sections 386, 504, 506 I.P.C and 3 (1) (Da) and 3 (1) (Dh) of SC/ST Act, Police Station- Unj, District- Bhadohi (Annexure No.1 to the writ petition).
(ii) Issue a writ order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in Case Crime No. 121 of 2020 , under Sections 386, 504, 506 I.P.C and Section 3 (1) (Da) and 3 (1) (Dh) of SC/ST Act, Police Station- Unj, District- Bhadohi "
In para no.8 of the writ petition, petitioners have stated:-
8. That it is relevant to mention here that admittedly the petitioner Nos. 1,2, and 3 are belonging to other Back Word Caste and petitioner Nos. 4,5,6 and 7 are belonging to Scheduled Caste, hence no proceeding can be initiated against the petitioner Nos. 4,5,6 and 7 under SC/ST Act, 1989.
Learned counsel for the petitioners submitted that petitioner Nos. 1,2, and 3 are OBC and petitioner Nos. 4, 5, 6 and 7 are Scheduled Caste. Therefore, Subsection (1) (Da) of Section 3 and Sub-section (1) (Dh) of Section 3 of the SC/ST Act shall not apply to members of the Scheduled Caste. Consequently, no offence under Section 3 (1) (Da) and 3 (1) (Dh) of SC/ST Act, 1989 is made out against the petitioner Nos. 4, 5, 6 and 7.
Be that as it may, if the petitioner Nos. 4, 5, 6 and 7 are actually member of Scheduled Caste, then they may apply for anticipatory bail before the court concerned in the matter of impugned FIR No. 121 of 2020, dated 29.10.2020 under Sections 386, 504, 506 I.P.C and Section 3 (1) (Da) and 3 (1) (Dh) of SC/ST Act, Police Station- Unj, District- Bhadohi. The petitioner Nos. 1, 2, and 3 may apply for bail.
With the aforesaid observations and without expressing any opinion on merits of the case of the petitioners, this writ petition is disposed of.
Order Date :- 25.1.2021 T.S.
Kamala Devi And 6 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
