Dismissed

Deshraj Dubey and 4 Others v. State of U.P. and 3 Others

Allahabad HC12 Feb 2021CRLP/412/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR for offences under IPC and the SC/ST Act, alleging caste-based prejudicial motive. The court dismissed the writ petition as the petitioners voluntarily withdrew it with a liberty to file a regular bail application before the competent court.

What did the court decide?

Petitioners permitted to withdraw the petition with liberty to file a regular bail application before the competent court.

Deshraj Dubey and 4 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 412 of 2021

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Petitioner :- Deshraj Dubey And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ambrish Chandra Pandey Counsel for Respondent :- G.A.

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Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.

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Heard Sri Ambrish Chandra Pandey, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the Staterespondents.

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This writ petition has been filed by the petitioners seeking quashment of FIR dated 18.08.2019 in respect of Crime No. 277 of 2019 for the offence under Sections 147, 323, 504 I.P.C. and Section 3(2)(va), 3(1)(d) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Puramufti, District Kaushambi.

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Learned counsel for the petitioners submits that if at all there was dispute between the two families, it was a minor one and the same has been given serious colour by adding offence under the provisions of SC/ST Act. He submits that even if the entire FIR is taken as it is offence under Section 3(1)(d) of the Special Act is not made out and from the FIR, it is apparent that taking the advantage of his caste, complainant has lodged the present report. Learned counsel submits that, petitioners are very reputed persons of their village and if arrested, would suffer an irreparable loss. He submits that the petitioners may be permitted to withdraw this petition with liberty to file regular bail application before the court below. He further submits that direction may be issued to the trial court to decide the bail application of the petitioners on the same day or at least by the next date considering all the aspects of the case including the fact that the FIR is an old one.

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State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the trial court to decide the regular bail application in accordance with law.

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Considering the statement made by learned counsel for the petitioners, the present petition is dismissed as not pressed with the liberty as prayed for.

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Needless to state that in the eventuality of filing any regular bail

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application by the petitioners before the competent court of jurisdiction, the said court may decide the same expeditiously in accordance with law considering all the aspects of the matter including the background of the case.

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It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.

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The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 12.2.2021 SK

Deshraj Dubey and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Deshraj Dubey and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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