Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 7969 (ALL)

RAJBAHADUR JAISWAL v. STATE OF U.P. AND 3 OTHERS

A482/1598/2025 · 2025-04-29

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68329 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1598 of 2025 Applicant :- Rajbahadur Jaiswal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dr. C.P. Upadhyay,Sheo Kinkar Singh,Suryaprakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash the entire criminal proceedings of Case no. 752 of 2022 (State vs. Rajbahadur Jaiswal) arising out of Case Crime no. 43/2022 under Section 60 of U.P.Excise Act, 1910, PS- Pashchim Sharira, District Kaushambi as well as charge sheet no. 01/2022 dated 25.03.2022 and cognizance order dated 18.04.2022 passed by learned Judicial Magistrate, Kaushambi in aforesaid case. 3. At the very outset, learned counsel for applicant submitted that proceeding initiated against the applicant in pursuance to Section 60 of U.P.Excise Act, 1910 pertains to offence which is compoundable in nature in pursuance to Government Order dated 13.06.2018 and applicant has already deposited the compounding fee before the Excise Department itself but in spite of that matter is still pending before learned court concerned i.e. Judicial Magistrate, District Kaushambi. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts. 5. Be that as it may, learned court of Judicial Magistrate, District Kaushambi/concerned court is hereby directed that if there is no other legal impediment, after due verification with regard to deposition of the compounding fee by applicant, the matter may be compounded/decided in pursuance to the Government Order dated 13.06.2018. 6. Till the disposal in shape of accepting/deciding the matter in pursuance to the compounding offence, no coercive action shall be initiated against the applicant. 7. The instant application stands disposed of accordingly. Order Date :- 30.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad