Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33839 of 2018 Petitioner :- Smt. Rakhi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samit Gopal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 05.10.2018 registered as Case Crime No. 186 of 2018, under Sections 2/3 of The U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Chhatta, District Agra.
Learned counsel for the petitioner submitted that the impugned F.I.R. has been lodged by the respondent no. 4 on the basis of her involvement in three cases namely Case Crime Nos. 120 of 2018, 121 of 2018 and 128 of 2018. The arrest of the petitioner has been stayed in Case Crime Nos. 120 of 2018 and 121 of 2018 by orders dated 24.09.2018 passed in Criminal Misc. Writ Petition Nos. 26612 of 2018 and 26526 of 2018 and in the third case petitioner has not been arrested and hence it cannot be said that the petitioner has committed any cognizable offence. Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to her extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 SA