Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioners and learned AGA for the State through Video Conferencing.
The F.I.R. impugned herein is registered as case crime no.0173 of 2021 under Section 3/4 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 at Police Station Malihabad District Lucknow.
On a careful consideration of the allegations levelled in the FIR, it cannot be said that a cognizable offence, prima-facie, is made out against the petitioner. It is well settled that once the F.I.R. discloses commission of cognizable offence, interference under Article 226 of the Constitution of India is impermissible in view of the law laid down by the Hon'ble Supreme Court in the case of State of Harayana and others versus Bhajan Lal and other, AIR 1992 SC 604; State of Bihar and another versus Md. Khalique and another, 2002(1) SCC 652 and Girish Kumar Suneja versus Central Bureau of Investigation(2017) 14 SCC 809.
The writ petition is dismissed without prejudice to the remedy of bail under Section 439 Cr.P.C available to the petitioner.
Order Date :- 25.5.2021 Shahnaz