Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37258 of 2018 Petitioner :- Afsar Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 13.10.2018 registered as Case Crime No.99 of 2018, under Section 2/3 of U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986, P.S. Sultanpur Ghosh, District Fatehpur.
It is submitted by the learned counsel for the petitioner that the respondent no. 3 has lodged the FIR against the petitioner under the aforesaid offences in order to cause sheer harassment. According to the gang chart, one case has been shown against the petitioner. As the petitioner has already been enlarged on bail in the case, the prosecution of the petitioner is nothing but an abuse of process of law.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satyapal vs. State of U.P. and others, 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajanlal, 1992 SCC(Crl) 426 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 FIR or there is any statutory restriction operating on the power of the police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 19.12.2018 M. Tariq