Hon'ble Rajeev Singh,J.
Heard Sri Narendra Pratap Mishra, learned counsel for the petitioner, Sri S.P. Singh, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Vikas @ Dabbu Singh (Minor) Thru Father Ram Pratap Singh, seeking quashing of the First Information Report dated 30.11.2020, registered as F.I.R. No.603 of 2020, under Section 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, Police Station Unchahar, District Raebareli with a further prayer to stay of arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that the petitioner is a student of Class-12 but has been falsely implicated in the present case just for the purpose of harassment only on the basis of three cases mentioned in the gang chart, copy of which is annexed as Annexure-3 to the present petition. He further submits that the petitioner is neither member of any gang nor run any gang involved in anti-social activities. The allegations levelled against the petitioner is absolutely false, frivolous and baseless, hence the present F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the co-accused, namely, Ran Singh has already approached challenging the impugned F.I.R. by means of filing Writ Petition No.4176 of 2012 (M/B) which has been dismissed by this Court vide order dated 11.2.2021 and further from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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 the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 19.2.2021/NS