Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1522 of 2019 Petitioner :- Harikrishan Thakur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Pramod Kumar Gupta, learned counsel for the petitioner, learned A.G.A. for the State-respondent nos.1, 2 and 3, and perused the record.
The instant petition seeks quashing of the FIR dated 06.10.2018 registered as Case Crime No.135 of 2018, under Sections 272, 273 I.P.C. and 60 (2), 63, 72 of U.P. Excise Act, Police Station Nagra, District Ballia.
The allegation in the FIR is that a vehicle, which was carrying liquor was intercepted, and upon interrogation, it was found that liquor was loaded from Bhatta of the petitioner. Thereafter, the police raided the Bhatta of the petitioner, where-from a large quantity of liquor was recovered. No licence for storage/sale of such large quantity of liquor could be shown.
Learned counsel for the petitioner submitted that the petitioner has been falsely by showing false recovery.
It is well settled that correctness of the allegations is not, ordinarily, to be tested in writ jurisdiction as the same would have to be tested during the course of investigation as well as trial.
Since the FIR discloses commission of cognizable offence, we do not consider it appropriate to quash the same or to interfere with the investigation.
The petition is dismissed.
Order Date :- 22.1.2019 Ajeet