Lotan Singh vs State Of U.P. And 3 Others
2021 Latest Caselaw 455 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 16292 of 2020
 

 
Petitioner :- Lotan Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anand Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Shamim Ahmed,J.

Heard learned counsel for the petitioner and the learned AGA for the State.

This writ petition has been filed with the following reliefs;

"i. issue a writ order or direction in the nature of certiorari quashing the First Information Report dated 20.10.2020 (Annexure No.1 to the writ petition) registered as Case Crime No.613 of 2020, under Section 420 IPC and Sections 63 & 72 of Uttar Pradesh Excise Duty/ Exicise Act, Police Station Bithari Chainpur, District Bareilly.

ii. issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of first information report dated 20.10.2020 registered as Case Crime No.613 of 2020, under Section 420 IPC and Sections 63 & 72 of U.P. Excise Duty/ Excise Act, Police Station Bithari Chainpur, District Bareilly."

Learned counsel for the petitioner submits that when the illicit liquor was recovered from the house of the petitioner, none of the family members of the petitioner were present, and therefore, the first information report deserves to be quashed.

Learned AGA submits that from bare reading of the first information report a cognizance offence is made out, and therefore, the first information report cannot be quashed in view of the law laid down by the Hon'ble Supreme Court in the catena of judgments.

We have carefully considered the submissions of the learned counsel for the parties.

We find that in the impugned first information report it is mentioned that on receipt of information that huge quantity of illicit liquor has been stored by a person named Lotan in village Kachauli, the Investigating Team inspected and recovered 128 bottles of illicit liquor.

We find that prima facie a cognizable offence has been made out, therefore, the impugned FIR cannot be quashed in view of the law laid down by the Hon'ble Supreme Court in the case of The State of Telangana Vs. Habib Abdullah Jeelani and others, 2017(2) SCC 77.

In view of the aforesaid, the writ petition is dismissed.

Order Date :- 8.1.2021

SFH