Neutral Citation No. - 2025:AHC:94007 Court No. - 74 Case :- APPLICATION U/S 482 No. - 33914 of 2024 Applicant :- Ajay Kumar Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harendra Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Shri Harendra Prasad Yadav, learned counsel for applicant and learned GA for the State. 2. The instant application has been preferred with a prayer to quash the impugned charge sheet No.A109/2023, dated 4.6.2023 and cognizance order dated 29.1.2024 as well as charge frame dated 23.04.2024 in Case No.4035/2024 arising out of Case Crime No.0122 of 2023, and the entire criminal proceedings of Case No.4035/2024 under Section 60(1) Excise Act, Police Station Maharajganj, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh. 3. Learned counsel for the applicant submitted that present First Information Report has been registered by opposite party no.2 namely Ashutosh Mishra, Sub Inspector, Police Station Maharajganj, District Azamgarh with the allegation that on the information received, applicant has been arrested from place of incident having possession of 20 pouch of country made liquor. After conclusion of investigation charge sheet has been submitted on 4.6.2023 whereupon cognizance has been taken up vide impugned order dated 29.1.2024. 4. It is contended by learned counsel for the applicant that applicant's mother having valid licence, runs a Tadi shop and opposite party no.2 demanded weekly money and on refusal, he implicated applicant in the present case only with the purpose to spoil his career. Learned counsel for the applicant further submitted that there is no independent witness of the alleged recovery and as such, mandatory procedure of seizure has not been followed by concerned police but without considering the said fact, learned trial court took cognizance of offence vide order dated 29.1.2024 over the charge sheet which has been submitted by the concerned Investigating Officer without conducting fair inquiry therefore, the entire proceedings of the present case, may be set aside. 5. Lastly, it has been submitted by learned counsel for the applicant that applicant is a student and he had qualified Uttar Pradesh Police Constable Examination 2023 and concerned authority had issued call letter for medical examination of applicant which is appended as Annexure S.A.1 to the supplementary affidavit. Learned counsel for applicant also apprised the court that verification of applicant is pending before Police Station Kotwali, District Maharajganj and due to pendency of instant petition, the concerned police is not ready to get verification done due to which the entire future of the applicant will be ruined. It has also been apprised by learned counsel for the applicant that applicant is not a habitual offender and there is no criminal history against the applicant except the present case. 6. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after conducting the detailed investigation, charge sheet has been submitted over which learned trial court took cognizance and as such, there is no illegality in the order impugned, but at the same time he did not dispute the fact that applicant had qualified the U.P. Police Constable Examination 2023 and there is no criminal history against the applicant. 7. After having the rival submissions extended by learned counsel for the parties, it is apparent that applicant is a student and he had also qualified U.P. Police Constable Examination 2023 and due to pendency of the present case, his carrier will be spoiled and more so applicant is not a habitual offender and there is no criminal history against the applicant except the present case. In so far as, punishment under Section 60(1) of Excise Act is concerned, there is only punishment of maximum two years as well as the said offence is non-cognizable. 8. Considering the bright future of the applicant as well as that he is not a habitual offender, impugned charge sheet No.A109/2023, dated 4.6.2023 and cognizance order dated 29.1.2024 as well as charge frame dated 23.04.2024 in Case No.4035/2024 arising out of Case Crime No.0122 of 2023, and the entire criminal proceedings of Case No.4035/2024 under Section 60(1) Excise Act, Police Station Maharajganj, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh, are hereby quashed. 9. Accordingly, the present application is allowed. 10. However, it is made clear that this order has been passed in the peculiar facts and circumstances of this case and the same shall not be taken as a precedent in any other case. Order Date :- 30.5.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad