Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37129 of 2018
Petitioner :- Ashvani
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ashok Kumar Yadav,Shweta Singh Attre
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Yadav, learned counsel for the petitioner, Sri Irshad Hussain, 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 13.9.2018 registered as Case Crime No. 813 of 2018 under sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, police station Jewar, District Gautam Buddha Nagar.
Learned counsel for the petitioner submits that the petitioner, who is a student, has been falsely implicated in the present case only on the basis of two cases in which he has already been granted bail by the competent court. He further submits that the petitioner is neither a member of any gang nor he runs any gang involved in anti-social activities. The allegations levelled against the petitioner is absolutely false, frivolous and baseless, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that a case has already been registered against the petitioner and it cannot be said that the police has committed any error in imposing the Gangster Act on the petitioner on the basis of said case.
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.
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 :- 18.12.2018 Shiraz