ISRAR KHAN vs STATE OF UTTARAKHAND AND ANOTHER

This petition has been filed by the petitioner seeking the following reliefs:

“i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 30.8.2017 registered as Case Crime No.187 of 2017,

under Section 2/3 of Uttar Pradesh Gangster & Anti Social Activities (Prevention) Act, 1986 at Police Station Prem Nagar Sadar, Dehradun as

against the petitioners.

 ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to not to arrest the petitoners in pursuance of the FIR

dated 30.8.2017 registered as Case Crime No.187 of 2017, under Section 2/3 of Uttar Pradesh Gangster & Anti Social Activities (Prevention) Act,

1986 at Police Station Prem Nagar Sadar, Dehradun.

Allegations in the FIR are that the petitioner along with the one co-accused, for the purpose of gaining the profit, used to sell and purchase the

property by using forged documents. It is also stated in the FIR that, due to this act, they causes financial loss to the people and the people are under

grave threat and are unable to give statements against them. It is further stated in the FIR that already a case is registered against the petitioner and

the co-accused in Police Station-Premnagar.Â

Learned counsel for the petitioner submitted that allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore,

protection should be granted to the petitioner. He submitted that the petitioner has falsely been implicated in the instant case.Â

Learned Deputy Advocate General vehemently opposed the writ petition. They submitted that allegations made against the petitioner are serious

in nature. Therefore, interim relief should not be granted to the petitioner and the writ petition filed by him deserves to be dismissed at the

threshold.Â

I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. Â

The Hon’ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561, has held that if an offence is disclosed,

Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR,

prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the

lawful power of the police to investigate into cognizable offences.

From perusal of FIR, I find that contents of F.I.R. disclose offence and it is for the Investigating Officer to investigate the case and, thereafter,

either to file charge sheet or final report in the matter. It is not a fit case, where the High Court should interfere in this criminal writ petition moved

under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed. Â

Learned counsel for the petitioner then submitted that in case offence is made out against the petitioner, in that event, the petitioner will surrender

before the Court concerned and will move the bail application and the Court concerned may be directed to decide his bail application, expeditiously.Â

Considering the submission of learned counsel for the petitioner, it is directed that in case petitioner surrenders and move bail application, the same

shall be decided by the Court concerned expeditiously, in accordance with law.