Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1448 of 2019 Petitioner :- Harikesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajeev Kumar Rai for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 9.1.2019 registered as Case Crime No. 2 of 2019, under Section 60, 60 (2) of Excise Act and Section 272, 273 IPC, P.S. Dakshin Tola, Distt. Mau.
In substance of FIR, the allegation has been made that on 9.1.2019 when a raid wad made on the brick kiln belonging to the petitioner then one Patru Munda, a labourer of the brick kiln of the petitioner was arrested along with two juricanes in which 20 liters each liquor was found which appears to be adulterated country made liquor. Patru Munda has confessed that he was doing business with consent of the petitioner. The counsel for the petitioner submits that apart from statement of co-accused, there is nothing on record to prove involvement of the petitioner.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 9.1.2019 registered as Case Crime No. 2 of 2019, under Section 60, 60 (2) of Excise Act and Section 272, 273 IPC, P.S. Dakshin Tola, Distt. Mau, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 21.1.2019 Rahul Dwivedi/-