On January 16, an Allahabad High Court division bench led by Justice Anjani Kumar Mishra and Justice Gajendra Kumar refused to quash the FIR against and stay the arrest of the five women members of the alleged 'Nafisa Gang,' which is accused of filing false rape/SC-ST Act cases against innocent people in order to extract money. The bench observed that the petitioners face a prima facie case, which necessitates a thorough investigation by the authorities.

The Court also noted that the petitioners had taken recourse to a writ petition under Article 226 of the Indian Constitution without exhausting the remedy of seeking anticipatory bail or approaching the Court through a petition under Section 482 of the Cr.P.C. However, the Court stated that the petitioners are free to file an appropriate application under Section 438 of the Cr.P.C. seeking anticipatory bail and, following that, an application under Section 482 of the Cr.P.C. seeking quashing of the FIR.

"The petitioners are having a remedy to approach the concerning Courts by filing an anticipatory bail application under Section 438 of Cr.P.C. and, thereafter, can take a recourse under Section 482 of Cr.P.C. wherein the High Court is having an inherent power for quashment of FIR but in the present case without following the dictum of the Hon'ble Supreme Court, instant petition under Article 226 of the Constitution of India has been filed seeking quashment of FIR as well as staying the arrest of the petitioners, alleging that the petitioners are unnecessarily being harassed. However, the fact remains that bare perusal of the FIR which has been registered against the petitioners prima facie makes out a cognizable case for which investigation is required in the matter," The Court noted. In light of this, the Court stated that when a clear case of a cognizable offence is established, no such blanket orders can be issued. The Court also stated that the authorities are required to complete an investigation into the matter, and anyone proving themselves to be innocent can seek anticipatory bail in the matter under the relevant provisions of criminal law, specifically Section 438 of the Cr.P.C.

The five women accused, charged under Sections 384, 420, 195, 506, 120-B, and 211 of the IPC, had filed a Criminal Writ petition seeking the quashing of the FIR and a stay of the arrest.

Case title - Nafisa And 4 Others vs. State Of U.P. And 3 Others 
Citation: CRIMINAL MISC. WRIT PETITION No.-14344/2022

Link: https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do