Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5842 of 2017
Petitioner :- Vinay Sharma
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Brajesh Kumar Singh, learned counsel for the petitioner, Sri A.P. Paul, 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 16.3.2017 registered as Case Crime No. 0395 of 2017, under Section 3(1) U.P. Gangster Act, Police Station-G.R.P., District Varanasi.
Learned counsel for the petitioners submits that as per the gang chart, four cases have been shown against the petitioners in which he has been granted bail by the competent Court.
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 petitioners.
The writ petition is, accordingly, dismissed.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.)
Order Date :- 18.4.2017 Manoj