Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19951 of 2018 Petitioner :- Manish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh,Jitendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bhuvnesh Kumar Singh, learned counsel for the petitioner and Sri A. K. Sand, learned AGA 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 04.07.2018 registered as case crime no. 0609 of 2018 under section 2/3 of U.P. Gangsters & Anti-Social Activities (Prevention0 Act, 1986 I.P.c., Police Station Khatuali, District Muzaffar Nagar.
Learned counsel for the petitioner submits that the petitioner had purchased a mobile in question as second hand from an open market and the same was recovered. He states that on the basis of said case, one case of police encounter which is a case of no injury has been slapped on him. In both the cases petitioner has been granted bail. Petitioner is working on the post of Marketing Executive in Alken Laboratories Ltd., Noida and previous to it, petitioner has no criminal history.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Ashok Gupta