Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20082 of 2019
Petitioner :- Satish
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Devendra Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri D. K. Mishra, learned counsel for the petitioner, Sri Amrit Raj 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 17.7.2019, registered as case crime No.0865 of 2019, under Section 2 (5) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Noida Sector-20, District Gauttam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that on the basis of Gang Chart, four cases have been shown against the petitioner in which the petitioner has already been enlarged on bail by the Trial Court, the impugned FIR under the Gangster Act has been lodged against the petitioner. He further submits that the petitioner is neither a member of any gang nor he runs any gang involved in anti-social activities. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence the FIR is liable to be quashed by this Court.
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 Neeraj