RAVINDER TALWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Samit Gopal, learned counsel for applicant and learned AGA for State of U.P.

(2.) This application under Section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed by applicant- Ravinder Talwar with a prayer that proceedings of Criminal Complaint Case No. 3505 of 2000, High Court of Judicature at Allahabad through its Registrar General Vs. Ravinder Talwar and another, under Sections 193, 196, 205, 209, 466, 468 IPC, Police Station Cantt., District Allahabad, pending in the Court of Chief Judicial Magistrate, Allahabad, be quashed. A further prayer has been made to quash order dated 24.06.2000 passed by Chief Judicial Magistrate, Allahabad (hereinafter referred to as "C.J.M.") in the above criminal complaint case.

(3.) Facts in brief, giving rise to the present application, are that a Writ Petition No. 282 of 1989 was filed in the name of Kashi Ram son of Sri Kabool Ram Sharma through Power of Attorney Holder Ravinder Talwar seeking a declaration that U.P. Excise (Amendment) Act, 1998 (hereinafter referred to as "Amendment Act, 1998") is ultravires. Further a mandamus was also prayed for refund of entire wholesale vending fee of foreign liquor under licence F.L.II. An affidavit in support of writ petition was sworn by one Sri Suresh Kumar Goel son of Sri Banarh Das, resident of 8/427, Kamoh Katera, Saharanpur being Pairokar of agent deputed by Principal.