Hon'ble Jaspreet Singh,J.
The Court has convened through Video Conferencing.
Heard Sri Vimal Kishor Singh, learned counsel for the petitioner, Sri Dinesh Singh Rana, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner, namely, Mohd. Arif, for quashing the First Information Report dated 22.04.2021 lodged by the respondent no.4 registered as F.I.R. No. 0087 of 2021, under Section 3 (1) of U.P. Gangster and Anti Social Activities Prevention Act, 1986, Police Station Masauli, District Barabanki with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the basis of two cases mentioned in the gang chart, copy of which is annexed as annexure-2 to the present petition though in the said case he has already been granted bail by the competent Court. He further submits that the petitioner is neither member of any gang nor run any gang involved in anti-social activities. The allegations levelled against the petitioner 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 simply because two cases have been shown in the gang chart and in that cases the petitioner was granted bail, cannot be a ground for quashing the impugned F.I.R. He argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, 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 petitioner.
Accordingly, this writ petition fails and is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Ajit/-