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2025 Supreme(All) 3088

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VINOD DIWAKAR
Praveen Chetri – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Appellants : Prashant Sharma, Surendra Pratap Singh

JUDGMENT :

VINOD DIWAKAR, J.

1. Heard Shri Prashant Sharma and Shri Surendra Pratap Singh, learned counsel for the petitioner, Shri Amrit Raj Chaurasiya, learned AGA for the State-respondents, and perused the material on record.

2. The instant application has been filed with the prayer to quash the entire criminal proceedings arising out of Case Crime No.108 of 2023, under Sections 420, 467, 468, 471 IPC read with Section 60/63 Excise Act, registered at P.S. Jaswant Nagar, District Etawah, as well as the impugned summoning/cognizance order dated 19.8.2023 along with charge-sheet dated 21.7.2023.

2.1 In the alternative, it is also prayed that the entire criminal proceedings in the aforesaid case be stayed, failing which the applicant shall suffer irreparable loss and injury.

3. The brief facts of the case are as follows:

3.1 On 29.04.2023, on the instructions of senior officers, the local police team started checking vehicles passing from the Jaunai Farm police post at District Etawah. While checking incoming and outgoing vehicles, a black Scorpio (Registration No.T-1223-JH-7384-D) was stopped, and three people were found sitting in the Scorpio. Upon inquiry, the person sitting in the dri

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