Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5354 of 2019 Petitioner :- Sarika Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram M. Kaushik,Priyanka Midha Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ram M. Kaushik, learned counsel for the petitioner, 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 31.1.2019 registered as Case Crime No. 0045 of 2018, under sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Tundla, District Firozabad.
It is submitted by learned counsel for the petitioner that Gangsters Act has been invoked against the petitioner on the basis of 4 cases indicated in paragraphs 4 and 5 of the writ petition, in which protective orders have been passed as disclosed in paragraphs- 8 to 12, which are subjudice, impugned FIR be quashed.
Learned A.G.A, opposed the contention on the ground that on above contention, the impugned FIR cannot be quashed, as cognizable offences are disclosed.
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 :- 28.2.2019 / N.S.Rathour