Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3832 of 2021 Petitioner :- Kuldeep Yadav @ Pappu Yadav Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Prabhat Kumar Pandey Counsel for Respondent :- G.A
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report dated 10.02.2020, registered as Case Crime No.37 of 2020, under sections 272 I.P.C. and 60 U.P. Excise Act, P.S.- Gagha, District- Gorakhpur, with a further prayer to stay his arrest during pendency of investigation of the said case.
The main allegation in the F.I.R. is that on information of mukhbirs when the police raided the brick klin of Pappu Yadav it found illicit liquor (desi sharab) being manufactured. The police also recovered illicit liquor and the machinery being used for manufacturing the same.
The main submission of learned counsel for the petitioner is that brick klin does not belong to the petitioner. He has been falsely implicated.
In our opinion, these issues cannot be decided in writ jurisdiction being matter of investigation. Since, commission of cognizable offence is clearly disclosed, we do not see any good ground to quash the impugned F.I.R.
The writ petition is dismissed with liberty to the petitioners to seek anticipatory bail/bail, as is maintainable or advised. If any such recourse is taken, the bail application shall be disposed of expeditiously, without being influenced by any observation made in the instant order.
(Gautam Chowdhary,J.) (Manoj Kumar Gupta,J.) Order Date :- 27.5.2021 shiv Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 14:53:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 14:54:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad