Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21425 of 2019 Petitioner :- Raman Thakur @ Prabhas Thakur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Kumar Shukla,Vishnu Pratap Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Abhishek Kumar Shukla, learned counsel for the petitioner, Sri A.K. Sand, the learned AGA 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 23.8.2019, registered as Case Crime No. 806 of 2019, under sections 2(b)(iv), 2(b)(viii), 2(b)(xi) and 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kasna, District Gautam Buddha Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, 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.
The writ petition is, accordingly, dismissed.
Order Date :- 30.9.2019 / N.S.Rathour