Neutral Citation No. - 2024:AHC-LKO:10800-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 831 of 2024
Petitioner :- Nitin Yadav And Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And
Others
Counsel for Petitioner :- Ramesh Chandra Gupta,Vijai Kumar
Counsel for Respondent :- G.A.
Hon'ble Rajan Roy,J.
Hon'ble Narendra Kumar Johari,J.
Heard.
By means of this petition, the petitioners have sought quashing
of FIR bearing case Crime No. 0298 of 2023, under Sections
34, 323, 324, 354 (Ka), 504, 304 IPC and 3 (2) (va), 3(1)(Da)
and 3(1) Gha) of the Scheduled Casts and the Schedules Tribes
(Prevention of Atrocities) Act, 1989 registered at Police Station
Ghunghter, District Barabanki.
The only argument advanced by learned counsel for the
petitioners is that there are cross cases, therefore, the FIR be
quashed.
This can hardly be a ground for quashing the FIR. The fact that
there are cross cases is indicative of some incident having taken
place.
Having gone through the contents of the FIR especially the fact
that Section 304 IPC has been added during investigation as
informed by the counsel for the parties, we see no reason to
interfere in the matter, but, leave it open for the petitioners to
pursue other remedies.
Subject to above, the petition is dismissed.
[Narendra Kumar Johari, J.] [Rajan Roy, J.]
Order Date :- 6.2.2024
Santosh/-