Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37969 of 2018 Petitioner :- Vishal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Annapurna Devi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ms. Annapurna Devi, learned counsel for the petitioner and Sri G.P. Singh, learned AGA 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 17.11.2018, registered as case crime no.3037 of 2018, u/s 2/3 U.P. Gangster and Prevention and Anti Social Activities Act, 1986, P.S. Indrapuram, district Ghaziabad.
Learned counsel for the petitioner submits that five cases were shown against the petitioner in which he is on bail and on the basis of said cases, impugned FIR has been lodged against the petitioner. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the 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 :- 21.12.2018 Gaurav