Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37777 of 2018 Petitioner :- Asraf Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Nath,Krishna Dev Mishra Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 26.11.2018 registered as Case Crime No.405 of 2018, under Section 2/3(1) of U.P. Gangster & Anti-Social Activities (Prevention)Act, 1986, P.S. Shivkutti, District Allahabad.
It is submitted by the learned counsel for the petitioners that the respondent no.3 has lodged the FIR against the petitioners under the aforesaid offences in order to cause sheer harassment. According to the gang chart, one case has been shown against the petitioner no.1. As the petitioners have already been enlarged on bail in the case, the prosecution of the petitioners 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 petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their 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 :- 21.12.2018 M. Tariq