JUDGMENT :

1. Heard Sri A.K.Maurya, learned counsel for the petitioner, Sri Anurag Verma, learned AGA for the State and perused the First Information Report and the material on record.

2. The present writ petition has been filed by the petitioner, namely, Anand Singh @ Anju Singh, seeking quashing of the First Information Report of Case Crime No.7 of 2021, under Section 2 & 3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Jethwara, District Pratapgarh with a further prayer to stay of his arrest during the pendency of the investigation of the said case. Learned counsel for the petitioner submits that only on the basis of one criminal case, i.e.,377 of 2020, under Section 394 I.P.C., Police Station Jethwara, District Pratapgarh in which he has already got himself bailed out from the competent Court on 5.12.2020, the impugned FIR under the Gangster Act has been lodged against the petitioner. He further submits that the petitioner is neither a member of any gang nor he runs any gang involved in anti-social activities. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence the FIR is liable to be quashed by this Court.

3. Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a 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.

4. 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 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. Accordingly, this writ petition fails and is dismissed. The party shall file computer 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, before the concerned Court/Authority/Official.

5. 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.