Neutral Citation No. - 2025:AHC-LKO:36606 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 605 of 2025 Applicant :- Prahlad Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Rahul Kannojia,Rajesh Kumar Kashyap Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. This application has been filed by the applicant with a prayer to stay the entire criminal proceedings of Crl. Case No. 352 of 2025 (State Vs. Prahlad) in case Crime No./FIR No.0201/24, under sections 60 of Uttar Pradesh Excise Act, 1910, Police Station Mawai, District Ayodhya pending before the court of Additional Civil Judge (Junior Division) IVth/Judicial Magistrate, Ayodhya. It is submitted by the learned counsel for the applicant that in this case the F.I.R was lodged under section 60 of U.P. Excise Act by the police against the applicant by showing false recovery of liquor. In fact the applicant was arrested by the police personnel from his house and false recovery was shown. There is CCTV footage but it was not provided to the applicant an he approached to the authority concerned. During course of investigation without collecting proper evidence charge sheet was filed by the Investigating Officer on the basis of which cognizance was also taken by the learned Magistrate concerned. He further submits that as per provision contained under section 70 of U.P Excise Act, no Magistrate shall take cognizance of an offence punishable under section 60 of the aforesaid Act except on his own knowledge or suspicion or on the complaint or report of an Excise Officer. In view of provision as contained under section 70 of the aforesaid Act there is no any report or complaint by Excise Officer, therefore, cognizance taken by the learned Magistrate is illegal and the entire proceedings of the case including charge sheet and the order of cognizance are liable to be quashed. Learned A.G.A has opposed the prayer as aforesaid and contended that in this case the Uttar Pradesh Government issued notification authorizing the Police Officer to make report and he is to be dealt with as an Excise Officer in view of Section 10 of the aforesaid Act. In this way the cognizance taken by the learned Magistrate on the basis of police report cannot be said to be illegal but it is appropriate and this application being devoid of merit and liable to be dismissed. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A, perusal of record, it appears that in this case an F.I.R was lodged under section 60 of U.P. Excise Act by the police against the applicant and after investigation charge sheet was filed. Learned trial court took cognizance of the offence. So far as the provision as contained under section 70 of the Act is concerned that the cognizance shall be taken only on the basis of complaint or report by the Excise Officer, it is to note that the State Government issued a notification No. 576 of 13.7.2010 which authorized all the Police Officers, in charge of police Station, among the other persons, investing them with the powers specified in section 50 of the Act in respect of offences punishable under section 60 clause (b),(c),(d),(f) and (i). The Division Bench of this Court in State Vs. Tillu AIR 1957 All 654 following the observation of other Division Benches and Single Bench of this Court affirmed the view that the Magistrate shall take cognizance of offence under section 60 even on the police report. In the considered opinion of this Court and in view of observation made by the Division Bench of this Court and notification issued by the State Government as aforesaid, there is no any error or illegality in the order passed by the learned Magistrate while taking cognizance of the offences on the basis of police report and there, being, no any other material on record to quash the entire proceedings of the case this application having no merit is liable to be dismissed. Accordingly, this application is dismissed. Order Date :- 26.6.2025 GS/A. Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench