Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10585 of 2018
Petitioner :- Lalit
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Laxmi Kant Bhatt Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri L.K. Bhatt, 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 7.4.2015 registered as Case Crime No. 166 of 2015 under section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, police station Nauchandi, District Meerut.
Learned counsel for the petitioners submits that only on the basis of four cases in which the petitioner has already got himself bailed out from the competent court present Gangster Act has been imposed on him, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 :- 25.4.2018 Shiraz