The Allahabad High Court has granted protection from arrest to the petitioner who protested against Hathras gang rape incident.
The Division Bench of Justice Anjani Kumar Mishra and Justice Shekhar Kumar Yadav while hearing the petition filed by Neeraj Kishor Mishra has ordered that,
"Till the next date of listing or till the submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, the petitioner shall not be arrested in impugned first information report dated 11.12.2020 registered as Case Crime No.368 of 2020, under Sections 153-B (2), 505 (2) I.P.C., Police Station Patiyali, District Kasganj, subject to petitioner's co-operation in the investigation.”
The Petitioner Neeraj Kishor Mishra has filed the present petition for quashing the FIR registered against him under Sections 153-B (2), 505 (2) I.P.C., at Police Station Patiyali, District Kasganj. It has further prayed by the petitioner to not arrest him pursuant to the said FIR.
It was alleged that Balmiki Samaj created disturbance by giving speeches by saying that police is inactive and tricky during protest against Hathras gang rape case. It was further alleged that
petitioner has said that Chief Minister is man of thick skin.
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The petitioner has submitted before the court that in democratic country, agitation of ruling party, on any, is the Constitution right of leaders of opposition and, therefore, agitation of petitioner, on the issue of rape of a girl of 'Balmiki Samaj' cannot be termed as hatred or ill-will between different religious racial, hence, no offence under Section 153 -B (2) and Section 505 (2) I.P.C. is made out.
The Court while granting protection from arrest to petitioner has directed respondents to file their counter affidavit within four weeks.
Case details:
Case :- CRIMINAL MISC. WRIT PETITION No. - 17509 of 2020
Petitioner :- Neeraj Kishor Mishra
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Prateek Kumar Srivastava, Renu Singh, Sr. Advocate(Shri V.P. Srivastava)
Counsel for Respondent :- G.A.
Bench: Justice Anjani Kumar Mishra and Justice Shekhar Kumar Yadav
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