MOHD. SALIM v. STATE OF U.P. THRU. HOME SECY. LKO. AND 2 OTHERS
CRLP/10526/2025 · 2025-11-12
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 202898 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202898 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10526 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the respondents-State No.1 to 3. 2. With the consent of the parties, the matter is being decided finally. 3. Instant writ petition has been filed praying for a writ of certiorari quashing the FIR No.33 of 2025 under Sections 318(2), 318(4), 274, 275, 111 B.N.S., 51, 59(i), 63, 57(2)(i) of the Food Safety & Standards Act, 2006, Police Station Madiyaon, District Lucknow. 4. Contention of the learned counsel for the petitioner is that in an inspection conducted by the S.T.F. one Mohd Arif was caught making adulterated tea leaves. Upon he being caught, he also named the petitioner and several other persons to whom he was selling said adulterated tea leaves. 5. Contention is that there is no evidence linking the petitioner with the main accused namely Mohd Arif and in case the respondents authorities are of the view that the petitioner has also indulged in selling the adulterated tea leaves, it was always open for the respondents authorities to have conducted an inspection and arrived at the said finding but certainly on the basis of the petitioner being named by the main accused he cannot be roped in the said FIR and on the basis of the same being harassed. Versus Counsel for Petitioner(s) : Khaleeq Ahmad Khan Counsel for Respondent(s) : G.A. Mohd. Salim .....Petitioner(s) State Of U.P. Thru. Home Secy. Lko. And 2 Others .....Respondent(s)
6. Responding learned A.G.A. points out that names of co-accused Mohd Tahir and the proprietor of Anas Kirana Store, namely Shri Mohd Anas have been dropped and he further states that the investigation is still continuing. 7. Considering the averments as made in the writ petition, a perusal of the FIR and the fact that investigation is going on, it is provided that no coercive action shall be taken against the petitioner till any cogent/credible evidence is found against him. 8. Needless to mention that the petitioner shall cooperate in the investigation. In case of non cooperation, the petitioner will not be entitled to the benefit of this order. 9. The writ petition stands disposed of. November 12, 2025 prateek CRLP No. 10526 of 2025 2 (Mrs.
Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench