Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2397 of 2019
Petitioner :- Aas Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Diksha Kesarwani, holding brief of Sri Atul Kumar, learned counsel for the petitioner, Sri Prabhash Pandey, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 30.10.2018, registered as case crime No.787 of 2018, under Section 2/3 Gangster and Anti Social Activities (Prevention) Act, 1986 (U.P.), Police Station Civil Lines, District Muzaffarnagar.
Learned counsel for the petitioner submits that only on the basis of two criminal cases, i.e., Case Crime No.597 of 2018, under Section 25/4 Arms Act, Police Station Civil Lines, District Muzaffarnagar and Case Crime No.376 of 2018, under Sections 380, 411, 457 I.P.C., Police Station Civil Lines, District Muzaffarnagar, in which he has already been granted bail by the competent court, the impugned FIR under the Gangster Act has been lodged against the petitioner. He further submits that the petitioner is neither a member of any gang nor he runs any gang involved in anti-social activities. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence the FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and has drawn the attention of this Court towards the bail order dated 12.9.2018 passed in Case Crime No.376 of 2018, under Sections 380, 411, 457 I.P.C., P.S. Civil Lines, District Muzaffarnagar in which the petitioner has been granted bail and criminal antecedents of the petitioner has been mentioned in the same and he is stated to be involved in Case Crime No.598 of 2017, under Sections 364, 302, 201, 120B I.P.C. and Case Crime no.644 of 2017, under Section 3/25 Arms Act.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
Taking into account the criminal antecedents of the petitioner for the offence under Section 302 I.P.C. and from the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 29.1.2019/NS