Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5195 of 2019 Petitioner :- Manjeet Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 27.02.2018 registered as Case Crime No.176 of 2018, under Sections 60, 72 of U.P. Excise Act, under Sections 147, 148, 272, 273, 307 IPC, P.S. Kandhala, District Shamli.
The allegation in the first information report is with regards to interception of a tractor trolly filled with illicit/counterfeit liquor. A large quantity of liquor has been recovered which was found to be counterfeit. It is also alleged that the persons involved had attacked the police force. It appears that police force has also sustained injuries. The first information report names 11 persons and discloses participation of 5-6 unknown persons also.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted.
At this stage, the learned counsel for the petitioner states that the petitioner has not been named in the first information report and has been falsely implicated.
As police force has sustained injuries, the petitioner can be identified and, therefore, on this ground, neither the first information report can be quashed nor any interference is called for with the investigation. The petition is dismissed.
Order Date :- 26.2.2019 AKShukla/-