Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10424
of 2018
Petitioner :- Manju Garg And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary Affidavit has been filed by learned counsel for the petitioners and the same is taken on record.
Heard Sri Irshad Ahmad, learned counsel for the petitioners, Sri Vikas Sahai, 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 25.03.2018 registered as Case Crime No. 255 of 2018, under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Firozabad South, District Firozabad.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. From a perusal of the F.I.R., no offence is made out against the petitioners, hence, the same 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 No.2.
As far as petitioner No. 1, Manju Garg W/o Pradeep Kumar Garg is concerned, it is directed that the petitioner No.1 shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but she shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 26.4.2018
A. Mandhani