SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(All) 13

SURYA PRAKASH KESARWANI, SHAMIM AHMED
Gopal Mishra – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.K. Singh

JUDGMENT :

1. Heard learned counsel for the petitioner and learned A.G.A.

2. 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 First information Report dated 11.10.2020 registered as Case Crime No. 0476 of 2020, under Sections 34, 452, 354, 323, 504, 506 I.P.C. and Section 3 (1) (dha) of SC/ST Act, 1989, Police Station Shivli, District Ramabai Nagar (Annexure No.1 to the writ petition.)

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioner in pursuance of the impugned First information Report dated 11.10.2020 registered as Case Crime No. 0476 of 2020, under Sections 34, 452, 354, 323, 504, 506 I.P.C. and Section 3 (1) (dha) of SC/ST Act, 1989, Police Station Shivli, District Ramabai Nagar (Annexure No.1 to the writ petition.)

3. Learned counsel for the petitioner submits that no offence under Section 3 (i) (dh) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out, inasmuch as, as per allegations made in the impugned FIR, neither the incident took place at any public place

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top