Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 17234 of 2020 Petitioner :- Imran @ Maan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report, registered as Case Crime No. 0298 of 2020, under Section 3(1) U.P. Gangster Anti Social Activities (Prevention) Act, 1986, P.S.- Kiratpur, District- Bijnor with a further prayer to stay his arrest during pendency of investigation of the said case.
We have gone through the impugned F.I.R. It mentions that the petitioner is engaged in illegal trade of cow meat along with members of his gang. In this respect, twice in the past, F.I.Rs. were lodged against him. The contention of petitioner that he is on bail in both the cases, is not sufficient to quash the impugned F.I.R. as it is matter of investigation as to whether any anti social activity as alleged is being carried out by the petitioner in collaboration with other persons or not. Thus, no good ground is made out to quash the impugned F.I.R.
In respect of the second prayer made by learned counsel for the petitioner for stay of arrest of the petitioner till submission of the report under Section 173(2) of the Code of Criminal Procedure, 1973, we would like to take notice of the law laid down by Supreme Court in State of Telengana v. Habib Abdullah Jellani; 2017 (2) SCC 779 wherein the Supreme Court has disapproved an order restraining the Investigating Agencies from arresting the accused where prayer for quashing the FIR has been declined. Relying on the said decision, the Supreme Court entertained Special Leave to Appeal (Crl.) No. 4650 of 2020 (Samiksha Singh @ Nikki v. The State of U.P. & Others) wherein similar direction issued by the High Court staying arrest until the submission of report under Section 173(2) Cr.P.C. was under challenge. The order is as follows: -
"1. Mr Sanchit Garga, learned counsel appearing on behalf of the petitioner, submits that while the High Court declined to quash the FIR, at the same time, it has granted an order protecting the accused from arrest until the submission of the report under Section 173(2) of the Code of Criminal Procedure 1973 which, it has been submitted, is impermissible in law. He relies on a decision of this Court in State of Telengana v. Habib Abdullah Jeelani.
2. Issue notice, returnable in three weeks.
3. Liberty to serve the Standing Counsel for the State of Uttar Pradesh, in addition."
Having regard to the law laid down by Supreme Court in State of Telengana (supra), we also decline to grant the second prayer.
The writ petition is accordingly dismissed. This is without prejudice to the right of the petitioner to seek bail, if so advised. If any such recourse is taken, the bail application shall be disposed of expeditiously, without being influenced by any observation made in the instant order.
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(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.1.2021/ Manoj