Advocates:
['DILIP KUMAR GOSWAMI', '', 'SANJAY SINGH', 'G A', '', 'LAXMI NARAYAN RATHOUR']

Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 5097 of

2022

Petitioner :- Hari Shankar Pateria And 3 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Dilip Kumar Goswami,Sanjay Singh

Counsel for Respondent :- G.A.,Laxmi Narayan Rathour

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

The First Information Report is primarily challenged on the

ground that parties had inimical relations and a complaint was

made in June, 2021 against the informant. It is also stated that

since caste specific abuses have not been specified in the FIR as

such no offence under the S.C./S.T. Act would be made out.

Petition is opposed by learned AGA and Sri Laxmi Narayan

Rathour, learned counsel for respondent No.3.

Perusal of the First Information Report would go to show that

while informant was going on his motorcycle the accused

persons hit his motorcycle with a tractor and when he

questioned, the accused persons physically assaulted him and

caste specific abuses were made against them. Petitioners'

contention that the specific use of caste abuses have not been

made, need not be examined by us at this stage. In view of

settled legal position that the FIR is not expected to be an

encyclopaedia of every facet of the offence. Prima facie

allegation is made that caste specific abuses were made. What

exactly were the abuses hurled upon the informant is an aspect

which can be determined during the course of investigation.

The incident is otherwise admitted inasmuch as injuries are

alleged to have been caused to the accused persons also and

FIR has also been lodged by them. Investigation in such

circumstances would be necessary particularly as injury report

is also on record. Prayer made to quash the FIR is therefore,

declined.

The writ petition is, accordingly, dismissed.

Order Date :- 18.5.2022

Md Faisal

Digitally signed by MOHD FAISAL

Date: 2022.05.19 11:18:03 IST

Reason:

Location: High Court of Judicature

at Allahabad