Lalji Jaisawal vs State Of U.P. And 2 Others
2018 Latest Caselaw 1192 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14496 of 2018
 
Petitioner :- Lalji Jaisawal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mahesh Kumar Dubey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri M.K.Dubey, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record..

The relief sought in this petition is for quashing of the F.I.R. dated 26.5.2018, registered as case crime No.146 of 2018, under Section 60 of U.P. Excise Act and under sections 419, 420, 467, 468, 471 I.P.C., Police Station Lalganj, District Mirzapur.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner along with other villagers were protesting for liquor shop which is proposed to be opened in Dubar, but the licence holder opened in Patar Kalan, for which they moved a complaint on 27.4.2018 to the authority concerned, on account of which the petitioner has been falsely implicated in the present case at the instance of the contractor of the liquor by the police The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.

Learned AGA opposed the prayer for quashing of the FIR and submitted that from the complaint dated 27.4.2018, it is apparent that the authorities to whom the said complaint was addressedm has not been mentioned, to which learned counsel for the petitioner tried to show from the paragraphs of the petition and the FIR discloses cognizable offence.

After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.

The petition lacks merit and is, accordingly, dismissed.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 31.5.2018/NS