PRAFULLA C.PANT,J. - (1.) HEARD .
(2.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the first information report dated 27.12.2010 (FIR No. 222 of 2010), lodged at police station Sitarganj, District Udham Singh Nagar, relating to offences punishable under Section 323, 504, 506 of I.P.C., and one punishable under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioner submitted that petitioner is a retired Air Marshal, PVSM, AVSM. It is further pleaded that it is nowhere mentioned in the first information report that the complainant was member of Scheduled Caste. It is further pleaded that it is also not mentioned if the incident had taken place in public view. Learned counsel for the petitioner further submitted that real dispute between the parties relates to possession of a piece of land, regarding which there is a suit pending before the civil court. It is argued on behalf of the petitioner that it is abuse of process of law on the part of the complainant to implicate the petitioner in a criminal case just to pressurize him in the civil suit.
(3.) ADMIT the petition.;