Allahabad High Court
Imrat Singh And 4 Others vs State Of U.P. And 2 Others on 2 February, 2021
Bench: Pritinker Diwaker, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 182 of 2021 Petitioner :- Imrat Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Chandra Pandey Counsel for Respondent :- G.A. Hon'ble Pritinker Diwaker,J.
Hon'ble Deepak Verma,J.
Sri S.C. Pandey, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State respondents.
This writ petition has been filed seeking quashment of FIR dated 9.11.2020 lodged against the petitioners in respect of Crime No. 517 of 2020 for the offence under Sections 3 (1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Swar, District Rampur.
Counsel for the petitioners submits that out of three cases, shown to have been registered against the petitioners, in two cases, charge sheets have been quashed and as such, now the provisions of Gangsters Act cannot be made applicable on the basis of those cases. He however fairly submits that in those two cases, relief has been granted to the petitioners subsequent to registration of the present case against them. It has been further argued that even in the third case, the petitioners are likely to succeed and, therefore also, provisions of Gangsters Act are not attracted. Learned counsel further submits that as the petitioners were digging objectionable materials from their own land, they cannot be prosecuted. He further submits that sand which was allegedly being taken out by the petitioners, does not come within the definition of Mines and Minerals (Development and Regulation) Act, 1957. Learned counsel submits that if FIR is not quashed, at least by way of an interim order, till filing of charge sheet, petitioners be protected.
On the other hand, opposing the submissions, it has been argued by the State counsel that for the time being the Court is considering the provisions of U.P. Gangsters Act and at the time of registration of present case, undisputedly, three cases for the offence under the provisions of IPC were pending against the petitioners. He submits that once along with Minors and Minerals Act, the petitioners have also committed offence under the provisions of IPC, the State was justified in registering the FIR against them. He submits that if subsequently the petitioners have succeeded in any of the criminal cases, which was made basis for Gangsters Act, they cannot draw any benefit. State counsel submits that in two cases where charge sheets are said to have been quashed, no such orders have been placed on record and moreover undisputedly at the time of registration of the present FIR, those two cases were in existence. Lastly, it has been argued that prima facie cognizable offence against the petitioners is made out and the petitioners are not entitled for any interim relief.
We have heard the parties.
The contents of FIR prima facie make out cognizable offence against the petitioners. Further considering the law laid down by the Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. (2006 (56) ACC 433), we find it difficult to quash the proceedings.
So far as interim relief is concerned, once we have declined to interfere in the writ petition, question of granting any interim relief to the petitioners does not arise and this has been settled by the Apex Court in the case of State of Telangana vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 and the order dated 19.11.2020 passed by the Apex Court in the case of Samiksha Singh @ Nikki vs State of U.P. and other in Special Leave to Appeal (Criminal) No. 4650 of 2020.
The petition has no substance and the same is dismissed.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with 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 made a declaration of such verification in writing.
Order Date :- 2.2.2021 RK