Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10982 of 2019 Petitioner :- Nitin Rathor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Khalil Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent nos. 1, 2, 3 & 4, and perused the record.
The instant petition seeks quashing of the FIR dated 20.03.2019 registered as Case Crime No. 0082 of 2019, under Sections 420, 256, 272 I.P.C. and 60, 63 & 72 of U.P. Excise Act, Police Station Pallawpuram, District Meerut.
The allegation in the impugned First Information Report is that a raid was conducted by the police at a particular place and large quantity of counterfeit foreign liquor was recovered from there. The petitioner is stated to have escaped from the spot and, according to the allegation, that place was in the occupation of the petitioner, where illicit liquor was also being prepared.
Learned counsel for the petitioner has submitted that the petitioner has not been apprehended on the spot and that the allegations are false.
Be that as it may, the correctness of the allegations are not to be tested, ordinarily, in writ jurisdiction and, therefore, the prayer of the petitioner to quash the F.I.R. cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail, if so advised.
Order Date :- 26.4.2019 Vibha Singh