Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37271 of 2018 Petitioner :- Kiran And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Kaustubh Srivastava for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 29.11.2018 registered as Case Crime No. 966 of 2018, under Section 332, 353 IPC, P.S. Bhrampuri, Distt. Meerut.
In substance, the allegation has been made in the FIR that on 29.11.2018 at 14:20 hours when search was made in the house of the petitioners then one plastic box was found in which 35 quarters (each quarters containing 180 ml) of 'Crazy Romeo whiskey for sale in Arunanchal Pradesh only' were recovered.
The counsel for the petitioners submits that this FIR has been falsely lodged for the reason that on the date of incident Vijay alias Bulle son of the petitioner-1 was coming on his motorcycle. In the way there was an accident with Mohd. Aslam respondent-3 due to that reason he falsely implicated the petitioners. There is no report that quarters recovered from the house of the petitioner were containing 'Crazy Romeo whiskey for sale in Arunanchal Pradesh only'. Further there is no evidence regarding the sale of the aforesaid whiskey.
In the facts of the case, the writ petition is disposed of with direction that petitioners shall not be arrested in pursuance of FIR dated 29.11.2018 registered as Case Crime No. 966 of 2018, under Section 332, 353 IPC, P.S. Bhrampuri, Distt. Meerut, till submission of police report under Section 173 (2) Cr P C.
Order Date :- 19.12.2018 Rahul /-