Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11102 of 2019 Petitioner :- Hamza Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sundeep Shukla Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is to stay the arrest of the petitioner in the impugned First Information Report dated 31.10.2018 registered as Case Crime No.616 of 2018 under section 2/3 Uttar Pradesh Gangster And Anti Social Activities (Prevention) Act, 1986 PS. Kithore, District Meerut.
It is submitted by learned counsel for the petitioner that Gangster Act has been invoked against the petitioner on the basis of two cases i.e Case Crime No.350 of 2017 under section 395/412 I.P.C. and Case Crime No.180 of 2017 under section 395/412 I.P.C., the impugned First Information Report be quashed.
Learned A.G.A, opposed the prayer for quashing of the F.I.R, which discloses cognizable offence.
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 petitioner.
The writ petition is, accordingly, dismissed. Order Date :- 29.4.2019/Rk