Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7685 of 2018 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Sandeep Srivastava, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 09.02.2018 bearing Case Crime No. 087 of 2018 pending investigation at Police Station - Jhunsi, District - Allahabad pertaining to offence punishable under Section 272 IPC and Section 60/72 of Uttar Pradesh Excise Duty Act (Abkari Act).
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the first information report.
Having considered the averments contained in the first information report, we do not find any justifiable reason to interfere with the same. The contents of the first information report discloses the allegations pertaining to commission of serious offence cognizable and that in no manner warrants interference under Article 226 of the Constitution of India. Further no case for staying the arrest of the petitioner too is made out.
The writ petition is dismissed.
Order Date :- 29.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)