Allahabad High Court
Dr. Pramod Kumar Prajapati vs State Of U.P. And 3 Others on 2 August, 2019
Bench: Ramesh Sinha, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 20250 of 2019 Petitioner :- Dr. Pramod Kumar Prajapati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurodh Tripathi,Pulak Ganguly Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Heard Sri Pulak Ganguly, learned counsel for the petitioners, Sri Jai Narain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 14.6.2019 registered as case crime no. 335 of 2019 under sections 354, 452, 325, 323, 504, 506 I.P.C. and 3 (2) (Va) S.C./S.T. Act, police station Robertsganj, District Sonbhadra.
Though an F.I.R. was registered against the petitioners under sections 354, 452, 325, 323, 504, 506 I.P.C. but the same has also been lodged under section 3 (2) (Va) of the S.C./S.T. (Prevention of Atrocities) Act, 1989. In view of the provisions under section 18 of the S.C./S.T. (Prevention of Atrocities) Act, 1989, the provisions of Section 438 of the Code of Criminal Procedure does not apply to a person committing an offence under the said Act. Hence the Court proceeds to hear the matter.
Learned counsel for the petitioners submits that the petitioner is a Government Doctor in District Hospital. The victim had some dispute with some other persons. There is allegation against the petitioner for demanding some amount for the treatment of the victim. The petitioner has been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 2.8.2019 Shiraz