Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16946 of 2019 Petitioner :- Omveer Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tapan Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri T. K. Mishra, learned counsel for the petitioner and Ms. Manju Thakur, learned A.G.A. for the State and perused the record.
This petition has been filed for challenging the impugned F.I.R. dated 21.04.2019 giving rise to the Case Crime No. 183 of 2019, under Sections 420, 482 I.P.C. & Sections 60, 63 and 72 of Excise Act, P.S. Noida Sector- 58, District- Gautam Budh Nagar.
The allegations in the F.I.R. show that consignment of branded liquor that was marked for sale in Haryana was being brought unauthorisedly into the State of U.P. without a license of any kind to sell or transport liquor. The said act has been in fact of depriving the state of it's revenues. The driver of the vehicle, who was apprehended has revealed the petitioner's name as the man who has got the consignment of liquor imported from Haryana for sale in Uttar Pradesh.
Looking to the said allegations in the F.I.R., we do not find it a fit case to quash the impugned F.I.R. Accordingly, the prayer for quashing the impugned F.I.R. refused.
However, it is provided that in case petitioner appears and surrenders before the Court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
In view of the above orders, the writ petition is disposed of.
Order Date :- 20.6.2019/ V.S.Singh