Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30353 of 2018
Petitioner :- Lal Ji Kewat
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. in Case Crime No.168 of 2017, under Section 60, 63 of U.P. Excise Act and Section 272 I.P.C., Police Station Belghat, District Gorakhpur.
It is submitted by learned counsel for the petitioner that the impugned FIR has been lodged by respondent no.4 containing absolutely false and concocted allegations. He further submitted that the petitioner is named in the FIR on the basis of the statement made by co-accused. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner. Hence, the impugned FIR is not liable to be quashed.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, it is directed that in case the petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 and Lal Kamlendra Pratap Singh Versus State of U.P. which has been approved by the Hon'ble Apex Court in reported in 2009(4) S.C.C. 437.
With this direction, this petition is finally disposed of.
Order Date :- 26.10.2018 Anand Sri./-