Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26892 of 2018 Petitioner :- Ashutosh Tripathi Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Rahul Dwivedi,Neeraj Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Neeraj Srivastava, learned counsel for the petitioner, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 1.09.2018 registered as case crime no.
223 of 2018, under Section 60(2), 64 U.P. Excise Act and Section 419, 420 IPC, Police Station- Badlapur, District- Jaunpur.
Learned counsel for the petitioner submits that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed. He further submits that petitioner has licencee for liquor shop and copy for which annexed at Annexure-2 to the petition. Petitioner has closed the shop and was gone to Mumbai. The present FIR has been lodged by respondent No.4 on the information given by the some unknown person who was not concerned with the shop of the petitioner.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shubhankar Thakur