Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20125 of 2019
Petitioner :- Sanjeev Kumar Gupta
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sheelu Jaiswal,Niraj Tiwari
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Sheelu Jaiswal, learned counsel for the petitioner, Sri A.R. Chaurasia, 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 31.01.2019 registered as Case Crime No. 45 of 2019, under Sections 2/3 of U.P. Gangster And Anti-Social Activities (Prevention) Act, 1986, Police Station Tundla, District Firozabad.
Learned counsel for the petitioner submits that in the gang-chart two cases have been shown against the petitioner and he has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him, hence the present F.I.R. is liable to 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2019 Anand