Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 1287 of 2021 Petitioner :- Shamsul Haque Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nasiruzzaman,Mohit Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Samit Gopal,J.
Heard Sri Nasiruzzaman / Sri Mohit Kumar Jaiswal, learned counsels for the petitioner and Sri H.M.B. Sinha / Sri Amit Sinha, learned A.G.As appearing for the State and perused the impugned F.I.R as well as material brought on record.
The present writ petition is being finally heard and decided by consent of learned counsels for the petitioner and the learned A.G.As.
The relief sought in this petition by the petitioner namely Shamsul Haque is for quashing of the F.I.R. dated 02.06.2020 registered as Case Crime No. 989 of 2020, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sihani Gate, District Ghaziabad with a further prayer to stay the arrest of the petitioner during the pendency of the writ petition.
Learned counsels for the petitioner argued that the petitioner is an Advocate and a victim of police highhandedness due to an altercation with the police. It is argued that the petitioner is a peace loving and law abiding citizen being an Advocate by profession and practicing at Delhi High Court as well as subordinate courts since 1996 regularly. Paragraph 3 & 4 and Annexure- 2 and 2-A of the writ petition have been placed before the Court to buttress the said submission. It is argued that the petitioner has been falsely implicated in the present case. The impugned first information report has been registered against the petitioner merely on the basis of one criminal case in which he has been granted bail by the court below vide order dated 13.06.2018. Paragraph 10 and Annexure-5 to the writ petition have been placed to substantiate the same. It is argued that as such the petitioner is not a gangster. Learned counsels further argued that the case on the basis of which the impugned first information report has been registered being Case Crime No. 1215 of 2018, under Sections 411, 414, 120-B I.P.C., Police Station Sihani Gate, District Ghaziabad was lodged about two years prior to the lodging of the present impugned first information report and in the intervening period there is no act or involvement of the petitioner in any other case. It is argued that after two years, thereafter, the present impugned first information report has been lodged which goes to show that the same has been done mechanically and the gang chart has been prepared, forwarded and subsequently, approved in a mechanical manner without application of mind. Learned counsels have placed the supplementary affidavit before the Court to demonstrate that the petitioner is a practicing Advocate at Delhi courts and is residing at Delhi and as such there was no occasion for him to visit Ghaziabad and get involved in a case there. Paragraph 2 & 3 of the supplementary affidavit and Annexure-SA-1 to the same have also been placed before the Court to substantiate the said argument. It is argued lastly that the petitioner is neither a member of any gang nor a gangster. It is argued that as such the present first information report deserves to be quashed.
Learned A.G.As opposed the prayer for quashing and argued that the provisions of Gangsters Act can be invoked against the persons who are involved in one criminal case only.
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. Further, this Court has in the case of Kishan Pal @ K.P. Vs. State of U.P. : 2006 (54) ACC 1015 has also in detail dealt with regarding the jurisdiction of this Court in matters under the Gangster Act pending investigation.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. This Court cannot go into the fact that the case referred to in the First Information Report is a false case and the involvement of the petitioner is based on falsity. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.4.2021 AS Rathore/ RK