Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11104 of 2010 Petitioner :- Layak Ram & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Amulya Ratan Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and the learned A.G.A. No notice is
issued to respondent No.4 in view of the order which is being passed,
however, liberty is reserved for respondent No.4 to apply for variation or
modification of this order if he feels so aggrieved.
By this writ petition, the petitioners have prayed for quashing the first
information report registered as Case Crime No.130 of 2010, under Sections
435, 506 of I.P.C. and Section 3(2)(III) of the Scheduled Caste and Scheduled
Tribe (Prevention of Atrocities) Act, Police Station Rabupura, District
Gautam Budh Nagar.
Learned counsel for the petitioners submits that perusal of the first
information report does not disclose any offence against the petitioners.
After having heard the learned counsel for the parties, we are satisfied that no
case is made out for quashing the first information report. However, looking
to the facts of the present case and submissions made, it is provided that till
submission of report under Section 173(2) of Cr.P.C. the petitioners be not
arrested in Case Crime No.130 of 2010, under Sections 435, 506 of I.P.C. and
Section 3(2)(III) of the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, Police Station Rabupura, District Gautam Budh Nagar.
The writ petition is disposed of accordingly.
Order Date :- 29.6.2010
Rakesh