JUDGMENT : 1. Heard Sri Anil Kumar Srivastava, learned counsel for the petitioner and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Shiv Kumar Pal, learned Government Advocate, Sri Rishi Chaddha, Sri A.K. Sand and Sri Patanjali Mishra, learned A.G.As. for the State-respondents. 2. On 13.08.2021 and 24.08.2021, this court passed the following orders :- “Order Dated 13.08.2021 Heard learned counsel for the petitioner and learned A.G.A. for State respondents. On oral request of Learned counsel for the petitioner, "Sub Inspector Kedar Singh, Police Station - Nadi Gaon, District - Jalaun" i.e. informant, is allowed to be impleaded as respondent no. 3. Notice on behalf of newly impleaded respondent no. 3 has been accepted by the learned A.G.A. This writ petition has been filed praying for the following reliefs:- "(a) Issue a writ order or direction in the nature of certiorari quashing the first information report dated 20.02.2021, registered as Case Crime No. 0015 of 2021 under section 420, 188 I.P.C. & section 63 Copy right act police station Nandi Gaon District Jalaun. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner which is registered in Case Crime No. 0015 of 2021 under section 420, 188 I.P.C. & section 63 Copy right act police station Nandi Gaon District Jalaun. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner which is registered in Case Crime No. 0015 of 2021 under section 420, 188 I.P.C. & section 63 Copy right act police station Nandi Gaon District Jalaun. (c) Issue a writ order or direction in the nature of mandamus commanding the concerned respondents authority to not adopt any coercive measure against the petitioners in the above mentioned case." The impugned first information report No. 0015/2021 dated 22.02.2021, under Sections 420, 188 IPC and Section 63 of Copy Right Act, 1957, Police Station Nadi Gaon, District Jalaun is reproduced:- ^^QnZ cjkenxh 05 oksjh es egknso czk.M dVh lqikMh iSdsV esa o 03 cksjh es egknso xksYM vfufeZfr rEckdw iSdsV es uktk;t o fxjrkjh ,d uQj vfHk;qDr vUrxZr /kkjk 420@188 vkÃ-ih-lh- o 63 dkih jkbV vf/kfu;e 1957 vkt fnukad 20&2&21 dks eS måfuå dsnkj flag e; gejkg dkå 1258 rstohj flag o dkå 756 ftrsUnz flag ds Fkkuk gktk ls ogokys jåuaå 30 le; 18-37 cts jokuk gksdj okLrs foospuk o tkap vgdkekr o xLr es dLck unhxkao es ukoyh frjkgk dksp jksM ij ekStwn Fks fd tfj;s eq[kfcj [kkl lwpuk feyh fd ,d lQsn vkseuh cSu xkM+h es voS/k lqikMh o rEckdw xqVdk dgh ys tk;k tk jgk gS xkM+h ijkluh xkao dh rjQ ls vkus okyh gSA vkSj eq[kfcj crkdj pyk x;k fd bl lwpuk ij fo'okl djds f?kykSj eksM igqWapdj vklukg jkg ls xokgku Qjkge djus dh dksf'k'k dh xbZ rks jkf= o lqulku LFkku gksus ds dkj.k dksbZ xokgku Qjkge ugha gks ldk fd FkksM+h nsj ckn ijkluh xkao dh vksj ls ,d vkseuh xkM+h vkrh gqbZ fn[kkbZ fn;k ftls ge yksxksa }kjk f?kykSj eksM ij gh gkFk dk b'kkjk nsdj jksdk x;k rks xkM+h jksd dj pkyd dks mrkj dj uke irk iwNrs gq, xkM+h dh tkek ryk'kh o psfdax dh x;h rks xkM+h vkseuh lQsn esa vkxs jftLVªs'ku u0 UP 92 N 1998 vafdr gksuk ik;k x;k rFkk pkyd us viuk uke fo'kky xqIrk iq= jktw xqIrk fu0 dLck o Fkkuk js ksysa Hkjs feys ftlesa ,d >ksys esa 10 iSdsV rFkk ,d iSdsV esa 12 ikmp dVh lqikM+h eghu Hkjh ikbZ xbZ ftlesa ls ,d cksjh ls 4 iSdsV lqikM+h eghu dVh gqbZ vius dCts esa tkap gsrq crkSj uewuk fy;k x;k ikmp dks [kksydj ns[kk x;k rks yky gjh iUuh dk ikmp gS ftlesa ,d rjQ vlyh mjbZ okyksa dh lqÁhe Jh egknso 'kq) lqikM+h nkuk rFkk nwljh rjQ vlyh mjbZ okyksa dh lqÁhe lksus tSls [kjk KANTHA 'kq) lqikM+h nkuk feJ.k lqikM+h yksax bykbph fuekZrk fnO;k dsfedy GSTIK-09AKY PG8617L1Z-9 ftlesa ,d cksjh esa 04 iSdsV rFkk nks cksfj;ksa esa 6&6 iSdsV ftlesa ,d iSdsV esa 15&15 ikmp Hkjs gS rFkk pkj iSdsV okyh cksjh esa 25&25 ikmp rEckdw ds ik;s x;ss rEckdw ds ikmp yky gjh o xksYMu iUuh dk gS ftlesa ,d rjQ rEckdw esa nnZukd ekSr gksrh gS vkt gh NksM+s dky djsa 1800&11&2356 vlyh egknso iUuh dk vfufeZr rEckdw vafdr gSA rFkk nwljh rjQ vaxzsth esa TOBACCO CAUSES PAINFUL DEATH MRP1-00 PACKD BY DC TRADIMG COMPANY rqylh uxj mjbZ tkykSu GSTIN 09B2FPG5590JIZQ MAHADAV vafdr gS rFkk rEckdw ikmp esa cSap u0 fuekZ.k frfFk fuekZrk dk irk o dEiuh dk jftLVª'ku u0 vkfn u ik;s tkus ds dkj.k rEckdw dks cksjh ls ,d 2 iSdSV crksj uewuk ijh{k.k gsrq fy;k x;k 'ks"k lHkh eky dks mUgha cksfj;ksa esa Hkjdj flydj loZeqgj dj uewuk eqgj rS;kj fd;k x;k vfHk;qDr fo'kky xqIrk mijksDr dks e; cjken eky lqikM+h o rEckdw e; xkM+h ds le; djhc 21-30 dCtk iqfyl esa fy;k x;k xkM+h ds dkxtkr u gksus ds dkj.k@lokjh xkM+h esa voS/k eky M.V.ACT esa lht dh tkrh gSA rFkk vfHk;qDr dks voS/k lqikM+h xqVdk o rEckdw ds ifjogu ds lEcU/k esa osn dkxtkr u fn[kk;s tkus o Áofpr gksus o fdlh dEiuh dh udy djus ¼fnC;k dsfedYl½ vkfn ij tqeZ /kkjk 420@188 IPC o 63 dkih jkbV vf/k0 ls voxr djk;k x;kA QnZ VkpksZa dh jks'kuh esa ekSds ij rS;kj dh xbZ QnZ dks i<+dj lqukdj gejkgh deZ0x.k o vfHk;qDr ds gLrk{kj djk;s x;s o ekSds ij fxjrkjh Ái= rS;kj fd;k x;kA nksjku fxjrkjh ek0 loksZP; U;k;k0 o ekuof/kdkj vk;ksx ds vkns'kksa&funsZ'kksa dk v{kj'k% ikyu fd;k x;kA fxjrkjh dh lwpuk vfHk;qDr ds ifjokjh tu dks Fkkus igqap dj mfpr ek/;e ls nh tk;sxhA ,lMh viBuh; SI 20/2/21 ¼dsnkj flag½ Fkkuk unhxkao ,lMh Vishal ,lMh dk0 1528 rstohj flag ,lth dk0 ftrsUnz uksV&QnZ dh ,d Áfr vfHk;qDrksa dks nh xbZA ,lMh viBuh; SI 20/2/21 ¼dsnkj flag½ Fkkuk unhxkao ,lMh Vishal fo'kky** In paragraph 8 of the writ petition it has been stated that the petitioner is engaged in supply of goods in market. As per allegations in the impugned first information report, the petitioner was carrying 8 bundle of betel-nuts and tobacco. The only allegation in the impugned first information report is that on being asked by the informant Sub Inspector, the petitioner could not show valid papers relating to transportation of betel-nuts and tobacco and for that reason the impugned first information report has been registered under Sections 420/188 IPC and Section 63 of the Copy Right Act, 1957. Sections 188, 415 and 420 I.P.C. read as under:- "188. Disobedience to order duly promulgated by public servant.- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both." "415. Cheating.-Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat"." "420. Cheating and dishonestly inducing delivery of property.- Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." Basic ingredient of cheating is whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. None of the ingredients of cheating, as defined under Section 415 is reflected from the impugned first information report. That apart, the basic requirement of presence of two persons is also absent. Since the alleged act does not prima facie falls within the meaning of word "cheating", consequently no case is made out under Section 420 I.P.C. on bare reading of the impugned first information report. Section 188 I.P.C. relates to disobedience of the order promulgated by a public servant. There is no allegation in the impugned first information report that the petitioner has disobeyed the order promulgated by a public servant. Thus, prima facie from bare reading of the impugned first information report no offence is made out under Section 420/188 I.P.C. Similarly, mere alleged failure to show the invoices to the informant Sub Inspector at the time of interception of the vehicle and without presence of any of the ingredients of an offence under Section 63 of the Copy Right Act, the allegation of commission of offence under Section 63 is prima facie not made out. Prima facie the impugned first information report appears to be malicious and grave abuse of power by the informant Sub Inspector i.e. respondent no. 3. Prima facie the impugned first information report appears to be malicious and grave abuse of power by the informant Sub Inspector i.e. respondent no. 3. If the goods were not accompanied by proper documents for transportation, it is only the authorities under the U.P. Goods and Service Tax Act, 2017/Central Goods and Service Tax Act, 2017 and I.C.S.T. Act, 2017, as the case may be, are empowered to check and take action in accordance with law, as provided under the relevant Acts and Rules. But the police has no authority to check invoices etc. and accounting the goods during transportation. The impugned first information report, on the very face of it, prima facie, reflects ill intention of the informant and obstruction in free flow of trade and commerce. The Petitioner has filed copy of tax invoices of Divya Chemicals, M/s Sijariya Traders and D.C. Trading Company as Annexure-2 to the writ petition. If these tax invoices suffer from any irregularity or infirmity, it is the tax authority under GST Act to look into and take action in accordance with law, including seizure of the goods under Section 129 of the U.P. GST/CGST Act. Let a counter affidavit be filed by the respondents by means of a personal affidavit of Superintendent of Police, Jalaun within three days. In his counter affidavit, the respondents shall also show cause that in the event the impugned first information report, lodged by the informant-respondent no. 3 (Sub Inspector), is found to be malicious and abuse of power, then why exemplary cost may not be imposed upon respondent no. 3, to be recovered from his personal assets. If the Superintendent of Police, Jalaun finds that wrong has been committed by the Sub Inspector (respondent no. 3), then before filing his affidavit, he may take appropriate action in accordance with law. Put up as a fresh case on 18.08.2021 at 10.00 a.m. Considering the facts and circumstances of the case, as an interim measure it is provided that till the next date fixed, the petitioner shall not be arrested pursuant to the impugned first information report. Order Dated 24.08.2021 Heard Sri Anil Kumar Srivastava, learned counsel for the petitioner, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Shiv Kumar Pal, learned Government Advocate and Sri Rishi Chadhdha, learned AGA for the State-respondents. Order Dated 24.08.2021 Heard Sri Anil Kumar Srivastava, learned counsel for the petitioner, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Shiv Kumar Pal, learned Government Advocate and Sri Rishi Chadhdha, learned AGA for the State-respondents. A personal affidavit dated 23.8.2021 of Sri Avanish Kumar Awasthi, Additional Chief Secretary, Home, Government of UP and a personal affidavit dated 24.8.2021 of Sri Ravi Kumar, Superintendent of Police, Jalaun, have been filed today, which are taken on record. We have confronted learned Additional Advocate General with the orders dated 13.8.2021 and 18.8.2021 and contents of the aforesaid two affidavits filed today by the respondent no. 1 and 4 respectively and we are constrained to observe that misleading affidavits have been filed by respondent nos. 1 and 4 both. Despite our repeated orders, the respondents are not able to show their authority to interfere with the movement of goods in the normal course of business. They have also not been able to show the commission of any cognizable offence under Indian Penal Code or under any other criminal law as well as their authority to register the impugned FIR with respect to the goods in question. For the detailed reasons mentioned in our earlier orders dated 13.8.2021 and 18.8.2021, it appears that there have been no change in the approach of respondents authorities to protect their gross illegal, arbitrary and unconstitutional action. Consequently, this Court is left with no option except to direct the respondent nos. 1, 3 and 4 to remain personally present before this Court, tomorrow to show cause that why appropriate orders, adverse to them, may not be passed and why the exemplary cost may not be imposed. Let the policy of 'Ease of Doing Business' be also produced by the Additional Chief Secretary, Home, tomorrow. Put up tomorrow i.e. 25.8.2021 at 10.00 a.m., as fresh for further hearing.” 3. In compliance to our order dated 24.08.2021, Sri Avanish Kumar Awasthi, Additional Chief Secretary (Home), Sri Ravi Kumar, Superintendent of Police and Sri Kedar Singh, Sub-Inspector, P.S. Nadigaon, District Jalaun, are personally present in court. 4. The Additional Chief Secretary and Superintendent of Police stated before this court through the learned Additional Advocate General that charge-sheet has been expunged and now a final report in relation to the impugned first information report has been submitted and, therefore, no cause of action survives in the present writ petition. 5. 4. The Additional Chief Secretary and Superintendent of Police stated before this court through the learned Additional Advocate General that charge-sheet has been expunged and now a final report in relation to the impugned first information report has been submitted and, therefore, no cause of action survives in the present writ petition. 5. The Additional Chief Secretary (Home) and the Superintendent of Police, both have separately filed their personal affidavits today, which are taken on record. In paragraphs 7 to 14 of his personal affidavit, the Additional Chief Secretary (Home), has stated as under: "7. That there are certain developments, which are being brought on record by means of the present personal – affidavit. 8. That the deponent tenders his unconditional and unfettered apology before this Hon'ble Court for the inconvenience caused to this Hon'ble Court, though the same was inadvertent. 9. That vide order dated 24.08.2021, the Superintendent of Police, Jalaun has passed suspension order by which the Sub-Inspector, namely Kedar Singh has been put under suspension in contemplation of departmental inquiry. It is relevant to submit that Kedar Singh was the first informant of case crime no.0015 of 2021 under section 420, 188 IPC and section 63 of Copy Right Act, Police Station Nadigaon, District Jalaun. 10. That it is further submitted that vide order dated 24.08.2021, the Superintendent of Police, Jalaun has also passed a suspension order in contemplation of departmental inquiry against Sub-Inspector, namely Mr. Dinesh Kumar Giri. The abovenamed Sub-Inspector was the investigating officer of case crime no. 15 of 2021 under sections 420; 188 IPC and section 63 of Copy Right Act, Police Station Nadigaon, District Jalaun. 11. That vide order dated 24.08.2021 passed by the Superintendent of Police, Jalaun, the Incharge Inspector (the then SHO of police station Nadigaon), namely Roop Krishna Tripathi, has also been suspended in contemplation of the departmental inquiry. 12. That Vide order dated 24.08.2021 passed by the Superintendent of Police, Jalaun, the investigation of case crime no. 15 of 2021 under sections 420, 188 IPC and section 63 of Copy Right Act has been transferred to the Circle Officer City, namely Mr. Santosh Kumar. 13. That Mr. Santosh Kumar, Circle Officer City, district Jalaun, has submitted a report before the Superintendent of Police, Jalaun recommending therein that the charge-sheet dated 16.06.2021 may be cancelled. 15 of 2021 under sections 420, 188 IPC and section 63 of Copy Right Act has been transferred to the Circle Officer City, namely Mr. Santosh Kumar. 13. That Mr. Santosh Kumar, Circle Officer City, district Jalaun, has submitted a report before the Superintendent of Police, Jalaun recommending therein that the charge-sheet dated 16.06.2021 may be cancelled. The Superintendent of Police, Jalaun after going through the report, has permitted the cancellation of the charge sheet dated 16.06.2021 submitted in case crime no. 15 of 2021 under sections 420, 188 IPC and section 63 of Copy Right Act lodged at police station Nadigoan, district Jalaun. 14. That the Circle Officer City, district Jalaun has submitted final report bearing final report no. 01 of 2021 dated 24.08.2021 in case crime no. 15 of 2021 under sections 420, 188 IPC and section 63 of Copy Right Act registered at police station Nadigaon, district Jalaun." 6. In his personal affidavit, the Superintendent of Police, Jalaun has also made averments similar to the averments made by the Additional Chief Secretary in his personal affidavit. 7. During the course of submissions, the Additional Chief Secretary (Home) through the learned Additional Advocate General, has produced a note on “Ease of Doing Business” policy but perusal thereof shows that no step has yet been taken by the State Government to protect trade, commerce and industry from grossly illegal, unauthorised or unconstitutional actions of government officers/ employees at all level, particularly at the ground level. If steps in this regard are taken by the State Government then it may prove to be a boon for the policy of “Ease of Doing Business,” economy of the State and job opportunities to people, on one hand and on the other hand it may strengthen public faith in the Rule of Law. 8. Since in relation to the impugned first information report, a final report has been submitted as stated in the afore-quoted paragraphs of the personal affidavit of the Additional Chief Secretary (Home), therefore, we do not find any good reason to proceed further in the matter. 8. Since in relation to the impugned first information report, a final report has been submitted as stated in the afore-quoted paragraphs of the personal affidavit of the Additional Chief Secretary (Home), therefore, we do not find any good reason to proceed further in the matter. Therefore, the writ petition is disposed off with the direction that the Additional Chief Secretary (Home) shall take all necessary steps to ensure that police authorities may not act without authority of law and may not interfere with the movement of goods in the ordinary course of business except by authority of law and the policy of the State Government "Ease of Doing Business" is implemented in letter and spirit. The respondent No.1 and 4 shall ensure that the departmental proceedings initiated against the erring officers as stated in the aforequoted paragraphs of the affidavit of Additional Chief Secretary (Home), are concluded in accordance with law within THREE MONTHS. 9. Personal presence of all the afore-noted officers, is exempted. 10. With the aforesaid directions, the writ petition is disposed off.