Hon'ble Rajeev Singh,J.
The Court has convened through video conferencing.
Heard Sri P.K. Singh 'Bisen', learned counsel for the petitioners, Sri S.P. Singh, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioners, namely, Pawan Singh and Abhay Pratap Singh @ Rohit Singh with the following prayer:-
Issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 05.04.2021 bearing case crime no. 125 of 2021 under sections 420, 467, 468, 471, 272, 273 I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 police station Kunda, District Pratapgarh and further not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner submits that though the name of both the petitioners has been mentioned in the column of the F.I.R. but the name of petitioner no. 1 has not been mentioned in the body of the F.I.R. He submits that the F.I.R. of the present case was lodged by the police officials on the information given by the police informer levelling general allegation against the petitioners and other co-accused persons though the petitioners were not present at the place from where the alleged liquor was recovered, hence the present F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that in the F.I.R. there is serious allegation of preparing furious liquor and the involvement of the petitioners in the present case cannot be ruled out and further from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed with liberty to the petitioners to avail the appropriate remedy available under section 438 Cr.P.C. or 439 Cr.P.C., if so advised, as the case may be.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.4.2021 shiraz