Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3348 of 2021 Petitioner :- Shivsevak Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Pandey,Ashok Kumar Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondents no. 1 to 3 through video conferencing and perused the record.
The present writ petition has been filed by the petitioner for quashing the first information report dated 21.3.2021 registered as Case Crime No.0067 of 2021, under Sections 302, 328, 272, 420, 467, 468, 471 IPC and section 60 (A) of Uttar Pradesh Excise Duety/Excise At, P.S. Rajapur, District Chitrakoot with further prayer not to arrest the petitioner in pursuance of the aforesaid FIR.
Learned counsel for the petitioner submits that the name of the petitioner came into light in the statement of arrested co- accused Ram Prakash Yadav. In the statement of co-accused Ram Prakash Yadav it has come that under constructed house of Ram Prakash Yadav the petitioner and other accused used to prepare adulterated liquor and sold the same by fixing QR code on bottles. It has further been submitted that no incriminating article has been recovered from the possession of the petitioner or on his pointing out. Except the statement of arrested co- accused there is no other cogent evidence on record against the petitioner to connect him with the alleged offence. It has further been submitted that from the allegations made in the first information report the offence under section 302 IPC is not made out against the petitioner. If the prosecution case is admitted it does not travel beyond section 304-A IPC. It has further been submitted that the petitioner resides at Delhi. The petitioner has no concern with the alleged incident. His name has wrongly been disclosed by co-accused Ram Prakash Yadav only for the purpose of harassment, therefore the impugned FIR is liable to be quashed.
Per contra, Learned A.G.A., opposed the prayer for quashing the FIR and argued that in this incident some persons died and some persons were seriously ill. The adulterated liquor has been recovered from the possession of co-accused, who were arrested by the police and in the statement of arrested co-
accused Ram Prakash Yadav, the name of petitioner came into light. The petitioner is also involved in manufacturing adulterated liquor and the serious allegations has been made against the petitioner. In this matter the investigation is going on. From the allegations made in the first information report it cannot be said that no prima facie cognizable offence is made out against the petitioner, therefore the impugned FIR is not liable to be quashed.
As per first information report co-accused Ram Prakash Yadav and Trilok Singh @ Babua were arrested by the police and from their possessions adulterated liquor was recovered.Two persons are said to be died due to consuming adulterated liquor. In the statement of arrested co-accused Ram Prakash Yadav it has come that the petitioner and other accused used to prepare adulterated liquor in constructed house of arrested co-accused Ram Prakash Yadav. From the allegations made in first information report it cannot be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstance of the case, we do not find it a fit case for quashing the impugned FIR, therefore the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 20.5.2021 A.