Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioner and learned AGA for the State through video conferencing.
This writ petition has been filed challenging the FIR registered at Crime No. 161 of 2021 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Mahmoodabad, District Sitapur.
Being on bail in the pending cases is no ground for quashing of the FIR unless it is made out that there is an abuse of the process of law.
Learned AGA has strongly opposed the prayer.
From a perusal of the impugned FIR, prima facie, cognizable offence is made out against the petitioner, therefore, the relief claimed for cannot be granted under Article 226 of the Constitution of India in view of the law laid down by the apex court in the case of State of Haryana and others v. Bhajan Lal and others AIR 1992 SC 604, State of Bihar and another v. Md. Khalique and another (2002) 1 SCC 652 and Girish Kumar Suneja v. Central Bureau of Investigation (2017) 14 SCC 809.
Thus, the writ petition lacks merit and is hereby dismissed, however, without prejudice to the remedy of bail.
Order Date :- 25.5.2021 J.K. Dinkar