Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3704 of 2021 Petitioner :- Ram Lakhan And Anr. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Usha Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition has been filed with a prayer to stay the arrest of the petitioners in pursuance of FIR dated 9.2.2021 in Case Crime No. 41 of 2021, under Section 60(2) Excise Act and Section 272 IPC, Police Station Rajepur, District Farrukhabad.
The main allegation in the FIR is that the police had arrested Nanhe @ Abhimanyu while manufacturing illicit liquor (deshi sharab). The police has also recovered illicit liquor and machinery being used for manufacturing illicit liquor. Three of the accused including the petitioners succeeded in running away. The petitioners are real brother of the accused Nanhe who was arrested on the spot.
The submission of the learned counsel for the petitioners is that the petitioners intended to contest the election of Gram Panchayat. However, in order to prevent them from contesting the election, they have been falsely implicated in the present case.
Indisputably as per the assertion made in the FIR, the real brother of the petitioners was arrested on the spot. It was on this information regarding persons who succeeded in running away that the petitioners were made accused in the present case.
We find no reason to quash the impugned FIR as it clearly discloses commission of cognizable offence.
The petition lacks merit and is dismissed with liberty to apply for bail.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.)
Order Date :- 27.5.2021 RPD
Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 15:07:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 15:11:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad