Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 40470 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned A.G.A. appearing on behalf of opposite party nos.1 and 2.
2. The instant application has been preferred for quashing the entire proceedings of Case No.55 of 2022 (State vs. Ram Rahish) arising out of Case Crime No.799 of 2020, under section 60 of U.P. Excise Act, P.S. Gunnaur, District- Sambhal, pending in the court of learned Judicial Magistrate, Gunnaur, District Sambhal, including charge-sheet dated 24.10.2020 and cognizance/summoning order dated 06.01.2022.
3. At the very outset, in pursuance to order dated 02.09.2025, learned A.G.A. came up with specific Forensic Science Laboratory report from which it is clear that copy of the FSL report has already been received on dated 17.09.2020 itself, which is prior to submission of charge-sheet and as such the grounds taken up by learned counsel for applicant is not maintainable that the investigation which culminated into preferring charge-sheet is without receiving FSL report specifically in respect of liquid which has been confiscated from the applicant was doubtful that whether the same comes under the ambit of spurious liquor or not?
4. When confronted with above, learned counsel for applicant could not overcome the same.
5. In view of above, the instant application stands dismissed.
6. Lastly, learned counsel for applicant submits that liberty may be granted to applicant to surrender before the court concerned and apply for bail to Versus Counsel for Applicant(s) : Mahendra Singh Counsel for Opposite Party(s) : G.A. Ram Rahish .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
which learned AGA has no objection.
7. In view of the aforesaid, the applicant is hereby at liberty to surrender before the court concerned within a period of three weeks from today and apply for bail; if the same is complied with, the bail application shall be considered and decided expeditiously in accordance with law. Till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. September 23, 2025 Saif A482 No. 40470 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad