Hon'ble Rajeev Singh,J.
Heard Sri S.K.Upadhyay, learned counsel for the petitioners, Sri S.P. Singh, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Jamal Ahmad and Raziullah Ansari, seeking quashing of the impugned First Information Report registered as FIR No.0001 of 2021, under sections 3 (1) U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, police station Aashiyana, District Lucknow with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on the basis of one case mentioned in the Gang Chart against each of the petitioners, copy of which is annexed as Annexure-2 to the present petition, though in the said case petitioner no.1 has been enlarged on bail by learned Single Judge of this Court vide order dated 7.5.2020 and petitioner no.2 has already been granted anticipatory bail by the competent court on 19.11.2020. He further submits that the petitioners are neither member of any gang nor run any gang involved in anti-social activities. The allegations levelled against the petitioners is absolutely false, frivolous and baseless just for harassment, hence the present F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.