Allahabad High Court
Mohd. Usuf Ansari And Another vs State Of U P And 3 Others on 10 December, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 13200 of 2020 Petitioner :- Mohd. Usuf Ansari And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri S.K. Dubey, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. for the State and perused the first information report and the material on record.
The present writ petition has been filed by the petitioners namely Mohd. Usuf Ansari and Mahfooz Ul Hasan @ Aash Khan for quashing of the First Information Report dated 20.12.2019 in Case Crime No.0533 of 2019, under Sections 147, 148, 149, 109, 114, 323, 307, 332, 336. 337, 341, 353, 427, 505 IPC, Sections 3/4 Prevention of Damages to Public Property Act and Section 7 Criminal Law (Amendment) Act, P.S. Chandausi, District Sambhal with a further prayer to stay of their arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners submits that petitioners are innocent and the present FIR has been lodged with malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the first information report and argued that from perusal of the first information report, cognizable offence is made out against the petitioners, 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 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.
The party shall file computed 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 the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 10.12.2020 Madhurima