Hon'ble Rajeev Singh,J.
Heard Shri Ajay Singh, learned counsel for the petitioner, Shri Anurag Verma, 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 seeking quashing of the F.I.R. No. 0008 of 2021, under Sections 304, 120B, 328, 272, 201 I.P.C. and Section 60A of Excise Act, P.S. Kohandaur Sitapur, District Pratapgarh. A further prayer of mandamus has been sought commanding respondents not to harass or arrest the petitioner in the impugned F.I.R.
It has been argued by the learned counsel for the petitioner that petitioner is running a brick kiln and the allegations which have been made in the impugned F.I.R. are baseless and there is no evidence to show that the petitioner was instrumental in getting the deceased illicit liquor, on consuming of which, they died. It has further been submitted that admittedly, the family members of the deceased have also not supported the F.I.R., which has been lodged by respondent no. 4, who is a police personnel.
Learned A.G.A., on the other hand, submits that the F.I.R. discloses cognizable offence and the cause of death is still not known and the Viscera report is preserved. It is, thus, submitted that this petition is liable to be dismissed.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we are not inclined to interfere in the matter.
The writ petition, accordingly, fails and stands dismissed (Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 VKS